I refused a blood test for mental reasons aversion and panic to needles ..i begged for a breathalyzer and urine test he refused

Asked over 3 years ago - Malvern, AR

driving home at night i had 2 hours to go i was beyond tired i fell asleep for a second at the wheel woke up when i felt bumps on side of road cop stopped me searched my car and found 4 beers in bag my husband had left in my truck i dont drink EVER i did have paraphenelia in vehicle i did not hide it and admitted it to cop it was a pot pipe with a very small bud in it I DONT SMOKE AND DRIVE i USE IT TO HELP CONTROL MY DISORDERS-i suffer from panic attacks, insomnia, bi-polar disorder and phobias galore that send me into panics such as needles in strange hospitals only person i allow near me medically is my own doctor i also use albuterol.he drove me to a backwoods hospital and told me i was to give blood.i couldnt to proVE I WASNT INTOXICATED I beged for beath and urine test he refused

Attorney answers (2)

  1. Bradley Joseph Williams

    Pro

    Contributor Level 9

    1

    Lawyer agrees

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    Answered . I am an Arkansas lawyer. It may end up being beneficial to you that the state did not obtain a blood sample from you. The only negative is that you were probably also charged with a "Refusal"; however, in Arkansas, this is a simple license suspension that you are going to be serving out anyway because of the underlying DWI charge.

    If you were not intoxicated (by alcohol, drugs, etc.), then you should look and sound okay if there is a dashcam video in your case. You need to hire an attorney and immediately get started on preserving this evidence.

  2. Michael Maltby

    Pro

    Contributor Level 10

    Answered . The facts that you just presented could very well provide a defense to the charge of DUI. I can't say more without knowing more about what the police officer alleges that he/she observed. I would advise seeking legal advice from a local attorney before proceeding on your own in this matter,

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