Failed To Register On Two Breath Test, Requested Blood Test Was Refused, Is That Legal? Incident Happened On Military Base

Was pulled over first thing the mp asked was what happened to my window. Told him it had been broken into.Asked if i had been drinking, i told him two beers. Got out of the vehicle attempted a breatherlyzer but it did not register i immiedately requested a blood test several times through out this incident and was not given an answer. They attempted to give me a sobriety test i informed them i could do it do to a leg injury, showed them proof. Was taken to PMO office " Police Station" Was met by a civilian traffic investigator Once again requested a blood test several times and was told "no" After Another Breath test still didnt register and they charged me with refusal even though i offered blood. Is that even legal at all? seriously i offered to the mp and civilian to give blood.

Fayetteville, NC -

Attorney Answers (2)

Theodore W. Robinson

Theodore W. Robinson

Criminal Defense Attorney - Hempstead, NY
Answered

Since this is occurred on a military base, you should speak to a JAG representative immediately.

I suspect that your offer to give blood for a blood test should have been honored and that a court will rule in your behalf, but I'm not sufficiently experienced in such cases to render advice. Check with the JAG and go from there.

Good luck. Thanks for serving our country.

James Robin McKinney Jr

James Robin McKinney Jr

DUI / DWI Attorney - Nashville, TN
Answered

My answer depends on where you case is being prosecuted. A criminal charge on a military base could be prosecuted in a couple of different places. So , I am going to give a general answer.Most police have been trained that if one does not receive a good breath sample after two attempts is to treat the test as a refusal.I am assuming that 's what the police did in your case.If they treated it as a refusal you may not have a right to a blood test.It depends on the jurisdiction.In Tennessee, the police officer makes the choice of the blood alcohol test whether it is blood or breath. That is why you were also charged with the refusal.

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.