he did you a favor by failing to do the other tests. it doesn't matter why he didn't it just matters what the report says about your driving and objective symptoms of alcohol. I suggest consulting with an attorney before get any further down the line.
Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.
The lack of testing theoretically could have been a detriment for determine probable cause for your arrest, i.e. the officer had less to determine pc. However, it may benefit you in the long run. You may be able to attack the basis for the arrest and suppress the blood draw, or, if not and the blood comes back low, to undermine the UI claim. Hire counsel to do it right. You will be lost. www.taubcriminaldefense.com
The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.
I cannot explain other's actions or thoughts for that matter because I'm terrible at reading minds. Nonetheless, it appears you may have some great facts in your favor so I recommend contacting a local attorney who can assist you. Many reputable attorneys offer a free consultation, so I suggest meeting with at least one soon while the facts are still fresh in your mind. Not only for that reason, but by contacting an attorney early you have an opportunity to confer with the prosecution beforehand with the possibility of having the charges rejected altogether before the court date.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
I agree with the other attorneys who have posted here.
The information and legal suggestions made herein do not in any way create an attorney-client relationship. The responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.
Why would they give it in that manner? Why not?/! Do you think the CHP or any police care about proper procedures once they think they have you stuck on a DUI beef? Since the overwhelming percentage of people who are arrested for DUI plead guilty regardless of merit, the cops increasingly cut corners in gambling that they don't need to put together a solid case. Yours is probably fightable, if you get a real DUI lawyer [not the jail-mailers!] who knows how to fight such things. Most of those things are fightable and winnable, the law properly understood. www.kennedyforlaw.com
Sign up to receive a 3-part series of useful information and legal advice about DUIs.