What is the best defense when charged with DUI for refusing a blood test?

Had 5 beers over an 8 hour period; other driver pulled into my lane, hit my front tire causing accident and fled; head trauma and road rash; transported to hospital by paramedics; no prior DUIs; charged with careless driving and refusing blood test.

Saint Petersburg, FL -

Attorney Answers (7)

Michael Alan Cohen

Michael Alan Cohen

DUI / DWI Attorney - Jacksonville, FL
Answered

Under Florida law there is no charge of "refusing a blood test", if this is your first offense. You are probably charges with a DUI alleging you refused the blood test. You need to contact a qualified DUI attorney ASAP as your license may in fact be suspended and you only have ten days from the date of the refusal to apply for a hearing to contest the one year DL suspension.

Bruce Howard Denson

Bruce Howard Denson

DUI / DWI Attorney - Saint Petersburg, FL
Answered

You may have several different defenses, but it would take a detailed consultation to determine the best line of defense to pursue in your case. Blood draw cases can be complicated and it is important to hold the State to their burden. I am in in downtown St. Pete if you'd like to come see me.

Michael Alexander Misa

Michael Alexander Misa

DUI / DWI Attorney - Tampa, FL
Answered

You need to meet with an attorney asap! The time limitations for the drivers license require that you request a hearing within 10 days. That is the first defense that you need to utilize in your case, among several others. Good luck!!

Craig A. Epifanio

Craig A. Epifanio

DUI / DWI Attorney - Saint Petersburg, FL
Answered

While I agree with the other out of state attorneys that you need to talk to an attorney, they are also giving you some incorrect advice. For example, Florida does not require you to give a blood test (a breath or urine test can be required however). Just because you were in an accident and had drank beer does not mean you were intoxicated. It's up to the state to prove you were too drunk to drive, not your duty to provide a defense. That said, you really need to talk to an attorney in person. My office is in St. Pete if you wish to give me a call at my website below and we can see what the best way to fight this will be.

Jason Chase Beahm

Jason Chase Beahm

DUI / DWI Attorney - San Francisco, CA
Answered

It would be improper for someone to try to tell you what your "best defense," is before they have a full understanding of the facts of your case. I don't blame you at all for being curious, but it's best to get yourself to a DUI defense attorney ASAP and let them analyze the case before trying to get opinions on what defenses you should use.

Best wishes,

Jason Beahm
Beahm Law

John M. Kaman

John M. Kaman

DUI / DWI Attorney - San Francisco, CA
Answered

You have no excuse for removing a blood test. When you receive a driver's license you impliedly consent to any such test. Refusing to provide a blood sample will increase the penalties you already face substantially.

Charles Elwood Soechting Jr.

Charles Elwood Soechting Jr.

Criminal Defense Attorney - Dallas, TX
Answered

As said, you should not be searching for a defense on a site like this, but you can definitely put forward your defense, that yes you did ingest some alcohol, but that the amount you ingested, depending on your body type wasn't sufficient to impair you beyond the state's legal limit and that the injuries you sustained were not caused by your driving under the influence. That is a defense to the charge of DUI. As said above, if you refused to submit to a blood test your license can be revoked and you will have to fight to get it back through an administrative proceeding that is unrelated to the criminal prosecution for DUI.

Good luck and you should definitely hire an attorney as soon as possible that can help you with this charge as it sounds like you have a defense that can be made on your behalf.

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