My 16 year old was arrested at a .17 an will be held until Monday. What rights does he have and can they hold him as a minor? I asked that they give him a blood alcohol test and they said that I couldn’t ask on his behalf. So I went in and talked to him and told him to request one be done and he was refused...is that legal?
There is no need to give him a blood test. The Datamaater breath test is sufficient for legal purposes. He will be subject to mandatory release conditions - either $12,000 cash bail or bond OR release on an alcohol monitor that will test him 3x per day until the case is over. He needs an attorney ASAP.
He would have the same rights as an adult in many ways. You should consult with an experienced criminal defense attorney in your area for help with this case. He will need counsel.
I am sorry you are having these issues. I am sure it is very stressful particularly with the holidays approaching. Unfortunately, he cannot chose what test he wants to take. If they offered a breath test (datamaster) and he took that test, they need not give a blood or urine test. Given the high reading, he will be charged wi a gross misdemeanor. Generally that means conditions of release may include a $12,000 cash bail or bond or release him with an alcohol monitor. He should retain a lawyer immediately
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Time to get a lawyer on board you will have many questions. And if you told him to refuse and the police knew that, they had a specific burden to clarify his rights under case law. Call lawyer asap many of us offer free consults.
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