What are the rights of my 16 year old in a dwi arrest?
4 attorney answers
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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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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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.
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.