Your question is a bit unclear. If you consented to a blood test, then those results may be admissible provided there are no problems with the blood analysis. However, there are a lot of areas to explore when looking at the accuracy and reliability of a blood test. The circumstances of your refusal also are not clear. If you have not done so yet, you should make a request with the DMV for a hearing on your license suspension. Bottom line: contact some attorneys and get some specific, confidential insights. Most of us on Avvo provide a free consultation, so make some calls.
First, is this for you or are you asking on behalf of someone else? Its unclear because your writing go back and forth between "I" and "he". If you are referring to a Preliminary Alcohol Screen test (breath) that was refused, and then subquently the person was subjected to a blood test - The refusal of the breath test won't count against the person, as that is a Field Sobriety Test and is voluntary. It is not considered the "chemical" test. The fact that they did a blood test indicates that the person did not refuse the chemical test which is important as that would have subjected the arrested individual to harsher penalties.
Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.
If you refuse to take a chemical test after the police establish reasonable cause to believe you were DUI, you are presumed to be DUI and face enhanced penalties for the refusal. However it appears you did submit to a blood test from what you write. Those results are not immediately available but will be at your first court date.
You must, however, immediately request a DMV hearing. The information is on the pink slip they gave you when they took your license. This must be done within 10 days of the stop, otherwise the DMV suspension - which is independent of any court proceeding - will go into effect and you will lose your right to contest the suspension even if there are no court proceedings.
Always a good idea to secure representation in these matters as the penalties can have a significant effect on your life and ability to work.
The blood test for a DUI is generally admissible. The DA must show that it was done in a medically reasonable way and that the analysis was done correctly. If they show this then it can be used against you.
The way in which you refused is slightly confusing; I can't tell if you refused a blood test or not. There is some new law regarding the admissibility of a blood test if you refuse to submit to the test. In order to see about the admissibility of this test you should consider finding an attorney who will look at the facts of your case and make his own determination.
This answer does not constitute any guarantee of outcome in any case and is for informational purposes only. This answer does not establish an attorney-client relationship. This answer is not advice about how to handle your legal case. If you need advice seek an attorney.
You have the option of a breath test or a blood test. You needn't take both. You may refuse the breath test and take the blood test. Refusing the preliminary breath test on the side of the road is no big deal. My advice is to ask for a free consultation from several attorneys to determine your next step. I wish you the best.
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.
As others have observed, your questions is a bit confusing. You can [and should] refuse the pre-arrest test, and that refusal cannot be used against you for anything. If you are then actually arrested and given the choice of blood or breath and refuse, that will be deemed, by court and DMV, as a refusal, even if you thereafter give a blood sample, and even if you did what you think is "well" on the sobriety tests. Of course, if you truly did do well on the sobriety tests and there were insufficient grounds otherwise for the arrest, then you might be able to undo everything, including the refusal allegation, because everything is premised on a lawful arrest, meaning a probable cause quantum of evidence that you were DUI. You need to consult with a DUI lawyer, in this increasingly specialized area of criminal law. Most DUIs are fightable and winnable; if your attorney starts out the discussions with a suggestion that he/she can get you a plea bargain, go elsewhere, because the real DUI attorneys start out the discussions with how they are going to attack the government's case, never with how you should cave in.
"Passing" the FST's is really subjective first of all and secondly I think the sakes would be given their due weight. In Fresno County DUI's we deal with this issue a lot.
DUI DUI defense DUI traffic stop Admissibility of standardized field sobriety tests DUI as a criminal offense Testing blood alcohol level DUI penalties Field sobriety test for DUI Blood test for DUI Refusing a DUI test DUI plea bargain DUI and DMV hearings DUI charges DUI arrest DUI and driver's license penalties Criminal defense Criminal charges Crimes against society Probable cause and criminal defense Defenses for criminal charges Criminal arrest Criminal court Admissible evidence in criminal cases Plea bargaining in criminal cases Employee benefits
Sign up to receive a 3-part series of useful information and legal advice about DUIs.