had a friend arrested for drunk driving, at the station blew all zeros, refused blood test, demanded to be released, issued ticket and left, does he have a case?
2006-07-07 11:43:58 · 15 answers · asked by buckhalter 2 in Politics & Government ➔ Law Enforcement & Police
his ex said he was drinking,after turning over custody of the child, the police were called
2006-07-07 12:59:12 · update #1
Some of these answers are absolutely insane!!! He must have been doing something really bad to get arrested? So much for being innocent until proven guilty beyond a reasonable doubt!
It is legal to drink and drive in every state. Period. It is only illegal to drive while impaired or intoxicated. And the government must prove "beyond a reasonable doubt" that the accused is guilty of driving while impaired. It's not a question of whether the police officer thought the driver might have been "doing something really bad." The officer's mere suspicions and hunches are not enough.
Refusal of a chemical test in some states may be used as substantive evidence of guilt, but not in all states. It sounds, however, like your friend actually submitted to the chemical test, so this needs to be reviewed by an attorney in that state. (It would be helpful to know which state this case is in.)
The notion here is that your friend may have been impaired by some other substance, but the police have no evidence of another substance. And the term "may" is critical... May does not equate guilt beyond a reasonable doubt. Moreover, your friend may have refused to provide a blood sample because he's afraid of needles. Since when are we required to open up our homes and our bodies for a government inspection to prove innocence? The officer's guesswork here isn't going to be enough for a conviction.
Have your friend contact an attorney from the National College for DUI Defense at http://www.ncdd.com. Further information about my firm is online at http://www.owidefenselaw.com, which pertains to Michigan drunk driving defense.
William Maze
2006-07-12 00:46:47 · answer #1 · answered by William J. Maze 2 · 0⤊ 0⤋
Ok listen to me carefully this may get a bit confusing. When you say he blew all Zeros, this was on a Datamaster machine, which only checks for alcohol in the system thru a breath sample. Ok now, you are inferred to be intoxicated from alcohol or DRUGS. A lot of people don't realize this, they think as long as I don't drink and drive I'm cool. However drugs whether it be prescription or recreational will intoxify your ability to drive. Now stay with me, when your friend blew .00 that was for alcohol now the blood or urine test is for drugs, and when he refused this test it's obvious he had drugs in his system, i mean why else would you take one test and refused the other. In S.C. if you refuse any test your Drivers license is suspended for 90 days and the refusal will be used in court as part of the states defense. And for refusing he must spend the night in jail. Which I'm sure is what you meant by "he left", meaning the officer not your friend.
2006-07-07 19:16:01 · answer #2 · answered by HwyManSc 2 · 0⤊ 0⤋
It depends on your state laws. In Texas you can be issued a DWI if the police just suspect it. I'm surprised that he was released with a ticket. Usually bail is posted, court date is issued. In Texas refusal of the breathalyzer or blood test is an automatic assumption of guilt. I think your friend might have a case. Keep in mind judges side with cops, the cost of a lawyer is very high. Research your state. Most lawyer initial consultations are free.
2006-07-07 18:52:58 · answer #3 · answered by firestarter 6 · 0⤊ 0⤋
its possible. call an attorney for drunk drivers. but then again, evidently he was doin some really bad driving to be arrested for it and 9 chances out of 10 YOU dont know the whole story unless you were there. probably did have alittle to drink just not enough to blow the Breathalyzer. a blood test would have proved him not guilty so he was stupid for refusing one.
2006-07-07 18:50:59 · answer #4 · answered by cathi 3 · 0⤊ 0⤋
He is not out of the woods. If the charging officer witnessed impaired driving, that may be enough to convict. In some states, refusing to take a sobriety test is like an automatic guilty plea.
2006-07-07 18:49:31 · answer #5 · answered by Xymon 2 · 0⤊ 0⤋
Nope. I had a friend that had the SAME problem. He was WASTED and still blew a 0.0. Got taken away anyway. Those machines are not all they base their decision on. Behavior is the biggest factor. In most cases, in court, cops win...period. No matter what the defendant says.
Good luck to your friend!
2006-07-07 18:51:06 · answer #6 · answered by Sarah 3 · 0⤊ 0⤋
they won't release you just because you demand to be released. And you can lose your license for 3 years for refusing the blood test. Even if not convicted.
2006-07-09 09:44:15 · answer #7 · answered by Molly 6 · 0⤊ 0⤋
No. He does not have a case.
DUI means driving under the influence - the influence of alcohol, sinus medicine, pot, meth, pills, etc.
So, just because he doesn't have alcohol in his system, doesn't mean he's clean. Only a blood test could prove he was really clean and not "on" something else.
2006-07-07 18:52:04 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Depends on state, Mich. level so low that it's in probability of error region and only way for sure is blood test.
2006-07-07 18:48:31 · answer #9 · answered by miknave 4 · 0⤊ 0⤋
perhaps not. Most breathilizers do mess up, and so refusing a blood alcohol level~probably hurt his case pretty badly.
2006-07-08 13:01:48 · answer #10 · answered by john's brat 3 · 0⤊ 0⤋