I HAD BENN ON IT A LONG TIME AND DIDN'T TAKE IT THAT DAY. THERE LEVELS ARE FROM NIGHT BEFORE . IS THAT ILLEGAL? The state trooper searched my van illegally while I was taken to hospital. He found a lock box in my van. he removed it smashed it on the ground and found legal meds. He then proceeded to hospital and asked doctor whats up. Doc said we are going to operate in 40 min. cop stated I looked out of it. when they brought me in the surgery room doctor told him they were going to operate in 40 min . with out asking me or trying to get a warrant he handed doc and asked him to take my blood. he left went back to station and sent it out for testing. from the time the cop came to accident to him requesting my blood was atleast 2 hrs. he never got a warrant nor tried. he also never saw blood draw . is this legal . I was the only injury.
First of all, you need a lawyer. Any evidence that was obtained illegally will be suppressed. If what you describe is actually the way things happened, the state may have no blood test to used against you. It is a not a defense to driving under the influence that the drugs were prescribed or that you were taking them as prescribed.
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Hire an experience criminal defense attorney to help you if you are charged with a DUI, this is the only way to ensure that your rights are protected and fight this. Good Luck
They don't need a blood draw if it was an emergency situation where your blood was drawn for medical purposes.
I am licensed attorney in Washington and California who focuses Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
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