I was arrested and cited for DUI...but was given no test..not breath or blood..not even field test.Is that legal?

Asked over 3 years ago - Alhambra, CA

I was only asked if I had had anything to drink. I replied that I had two drinks earlier in the evening.

Attorney answers (4)

  1. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    Answered . Without any chemical tests, field sobriety tests or other proof of intoxication, good luck for the prosecution to try and prove this.

    Are you 100% sure that you were cited for DUI (23152 of the Vehicle Code) or something else?

    If they did in fact charge you with DUI, you only have 10 days to request a hearing with the DMV to challenge the suspension of your license. Again - without any chemical test, how in the world can they prove this?

    With any criminal case, but especially in your situation where something just isn't right, you need to consult face to face with a criminal defense attorney to discuss the particulars.

    Don't miss that window with the DMV.

  2. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    Answered . Mr. Dane is correct in all aspects of his response. Be sure you follow up with the DMV as you time is limited to 10 days- although I do not know how they could suspend your diving privileges. Hire an attorney to deal with this for you. A DUI is serious- getting one thrown out is to your benefit in terms of insurance, driving rights, jobs, etc. Call if you have questions

    Andrew Roberts

  3. Robert Laurens Driessen

    Contributor Level 20

    Answered . There is definitely something odd about this. My fear is that they wrote this up as a refusal DUI. The only reason I can think of that the police would not have conducted a blood or a breath test is due to a refusal to submit to one of those tests. If they are going to claim refusal you need an attorney. The good news for you is that they need to prove they went through the proper procedure and asked you certain questions to prove the refusal aspect.
    Robert Driessen
    www.driessen-litigation.com

  4. Brian Russell Michaels

    Pro

    Contributor Level 16

    Answered . If that is indeed what happened then you have a very defendable case. However this is very unusual. I think this needs more facts. If, for instance, you were involved in an accident and in the hospital, law enforcement can come take blood from you without FST's. Not sure if that is what happened here. Consult a lawyer in your county.

    brian michaels
    www.socalcrimdefense.com
    310-991-9179

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