I was at an underage drinking party when it got busted by police. However, I was not drinking I was there hanging out with some friends. When given a sobriety test by one of the officers I failed. So I had a parent come pick me up and take my car home. I am 18 by the way. As soon as I got home I got in my car and drove myself down to the police station where I asked them for a breathalyzer. It was the same officers from the party I told them I drove here myself. To their knowledge they believed I had been drinking. Which of course I had not. They denied me the right to take a breathalyzer and instead I took a more thorough sobriety test. Which I passed. Even after passing they still said I had been drinking. And once more I asked for a breathalyzer I was denied. I told them as I was leaving that I am driving. They did not stop me. To their knowledge I had been drinking and they let me get in my car and drive away right in front of them. So I went to my local medical center and got my blood drawn for a blood alcohol level test. It came back negative it said I have no trace of alcohol in my system.
You will be the perfect client for your attorney. With all that, there is great support for any attorney who takes your case. But make no mistake about it, you need an attorney who knows how to USE your good evidence properly and to negotiate with the prosecutor. But no, you cannot force an officer to investigate your case, including giving you a breathalyzer When you are at a party where you were not driving, typically breathalyzers are not given.
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Ok, you are being very unclear not to mention all over the place. What exactly do you want to know. First of all, you do not tell us what you are cited with.(Underage drinking, DWI, disorderly conduct, motor vehcile violation, etc?) Second, no, the police are under no obligation to give you a breathalyzer unless they are going to charge you with a DWI. They need to prove operation with DWI and while more info in general is needed, if they did not see you drive at all, th\ a breathalyzer is basically superfluous in addition to the sobriety tests because they probably can't beet their burden of proof in terms of you operating the Cecile However, when you told them you were leaving and driving home, you were lucky they didn't follow you as DWI's can be proven also by observation only in certain cases. And keep in mind you may get a ticket in the mail for up to 90 days from the date of the incident charging you with DWI. Probably not likely, but not impossible either.. Third, respectfully, it is quite frankly very astounding that whether or not your were charged with something (but especially if you were charged with something) that you would go back tot he police station at alone and unrepresented no less Why in the heck would you willingly and purposefully go back to the police station and talk with any officer, let alone the ones who were at the party you attended, and not only talk openly about your case and continue more sobriety testing, but to put the icing on the cake, actually ask to take a breathalyzer. If the cops cited you they after giving you the sobriety tests they are not going to change their minds And the minuscule chance of them doing so is far outweighed by the risks of doing exactly what you did by going back to the police station. Fourth If you were charged with anything initially, you certainly don't go to the cops first. Although the state has the burden of proof, that is for sure, as you figured out, it wasn't a bad idea by going to the hospital to get blood drawn,. Nevertheless what you should never have done is gone back tio that police station after you were questioned by the police at the party. The first thing that should have been on you mind was I need a lawyer and I need to find one before I contact the police again (assuming my lawyer tells me o do that). In any event, if you are charged with anything, use avvo's find an attorney to start looking for experienced DWI or criminal or traffic attorneys. Many give free initial consultations. Do not speak to the police again without your attorney. Good luck
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They did not have to give you a breathalyzer unless they suspected you were driving which they didnt. Secondly you did not mention what they charged you with, which is very important in answering your question on whether your case is worth fighting. Lastly I agree with the other attorneys you should never have gone to the police station.
Were you charged with anything. If so, you should speak with an attorney to discuss your options. If you were not charged with anything, sounds like there is nothing to worry about. Best of luck
It is worth fighting to keep your record clean. They have to prove you were drinking you do not have to prove a thing. But that blood draw may be the kicker if it was taken quickly. You may need an attorney to pull this off.
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