This is my first offense
First, it is important to remember that a hospital test is not the same as a forensic blood test, the testing process is different. Hospitals usually test serum. A forensic lab will test whole blood.
Second, it is important to know how the blood was taken. Whether it was taken by warrant or upon your consent is important.
In addition, the counties of Cental PA have a diverse means of handling DUI cases. Because you are in Lewisberry, I am unable to determine whether this is a York, Dauphin, Cumberland county case. Because I practice throughout Central PA, I would hesitate to make a recommendation until I knew which county your case is in.
With any DUI case, it is important to have a full and fair evaluation of the case by an experienced DUI defense attorney before taking any action.
F. Dean Morgan, Esquire
The first thing you should do is sit down and talk with an attorney who handles DUI cases in this area. A DUI case of not handled properly can have a lingering affect on your life for a long time. You are looking potential jail time, loss of license and a criminal record. If this is your first offense there may be some options available to you to minimize these penalties and avoid some altogether. Every County handles these cases differently so please make sure you talk with an attorney as soon as possible.
I hope you were not injured.
Because you posted this under DUI rather than Car Accidents, I am assuming you were cited for a DUI.
The remarks of my fellow attorneys are well taken. That blood sample may be meaningless.
Your first step is to talk with a DUI/DWI/OWI/Drunk Driving lawyer who practices in the county where you would be charged. There may be things that you need to do long before anything gets to court to save your license. It is possible to win a drunk driving case and still lose your license.
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I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these Internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This Internet site is public forum, where the communications are not confidential or privileged.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. Those facts should not be put on a public Internet site.
Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
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