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If you refuse any test when pulled over for DUI and they take a test anyways is that a violation of your rights/case be dismiss

Tacoma, WA |

Friend pulled over for DUI 3 time in one month one mile from same bar. Officers in each report claim he swerved. Each time he refused any test. The last time they took him to the jail and start to book him because they also had a bench warrant for him. He complained of chest pains so the officer took him to the hospital in hand cuffs and while there told the nurse to pull blood from him because he had a warrant. Officer never showed him or the nurse the warrant but the blood was drawn any ways. It is not in the police report that he obtain a warrant for the blood either. Can his case be dismissed if his rights were violated or the evidence be thrown out.

Attorney Answers 5


  1. The case itself wouldn't be dismissed, but the results of the blood draw could be suppressed if they were illegally obtained.

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  2. He needs to get a lawyer and fight the charges if he wants to even hope for a dismissal.

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  3. Just because one thing is bad in the investigation doesn't mean that the entire case is dismissed HOWEVER if that piece isn't used in a case it could cause the States case to crumble. Get an attorney to fight this for you.


  4. Yes the evidence (blood test) can possibly be thrown out if the argument is made properly. You should hire an experienced DWI/DUI attorney. If you want to find one here on AVVO you can select "Find a Lawyer" at the top of the page. Good luck.


  5. Three times in one month leaving the same bar? He needs to think about drinking at a different bar.

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