I was arrested for D.U.I.?

Question

I was arrested for D.U.I. I had maybe two or three drinks. I passed almost all the Sob. Test. they didnt do a Breath Test, I had to do a Blood test. They didnt give me My Miranda Rights. Will this help me and my case, Im from Tennessee, If anyone knows, or knows where I can find out let me know. I was not drunk, but spent 24 hours in lock up.

Answer 1

in Tennessee you have got to pass ALL of the test. it takes 1 hour for a normal drink (1 shot of alcohol), 1 beer, or 1 glass of wine to go through your system. since they took your blood and there was alcohol in your blood stream then i would try to find a GREAT lawyer. this will be an uphill battle!
most people don't understand you only have to register .8 or higher to be charged. it doesn't take much alcohol to go over .8, maybe 1 or 2 drinks. it is unfortunate that this has happened to you because if you are found guilty then you will have to spend a weekend in jail, go to driving safety classes, your license will be revoked for 1 year except to drive to and from work. it will also make your insurance at least triple, there will be at least a $750.00 fine, court cost, and attorney fees.
i got 1 23 years ago so i know how you feel. i try to tell my friends don't drive even if you have had 2 or 3 drinks because even though you are not drunk you will still register over the limit.
good luck!
i hope your lawyer can get you off!

Answer 2

If I understand correctly, Miranda Rights only take effect when you say something to incriminate yourself. Many states will let you deny a blood alcohol test or a breath test, but not both. If the blood alcohol test came back higher than your state's limit, I don't think you have much to work with.

Also, "two or three drinks" doesn't say much. It's the timing of those drinks that makes the difference. Example: having 2-3 drinks over a 5-hour period is usually safe; having 2-3 drinks within 5 mins, is usually not good. It also scares me that you passed "almost all" of the sobriety tests...

Answer 3

Not realizing the main points of the person case, there are a number of probabilities. First, an arrest isn't the equal factor as a conviction. An arrest is simply step one within the crook justice process. While not really, one of the crucial arrests could now not had been forwarded to the nearby prosecutor (e.g. man or woman seemed under the influence of alcohol however breath experiment confirmed beneath the authorized prohibit). Among the ones forwarded to the prosecutor, a few can have been decreased or deferred. What prosecutors do with any talents cost is incredibly discretionary and has a tendency to mirror the wishes of the group. Second, assuming that those arrests all led to convictions, in such a lot states, that many convictions might generally influence within the lack of riding privileges for an increased interval of time. However, folks with out licenses do force. As a influence of federal freeway investment, such a lot states are passing legislation that broaden the penalty for repeat DWI offenders and for DWI offenders who force with out a license. Even with those stiffer consequences, those humans finally do get published. The backside line is that that man or woman more often than not must now not had been riding beneath the legislation of such a lot states. More strict enforcement might require further police and further jail area which means that extra taxes. My revel in is that, whilst folks speak approximately short of extra legislation enforcement, such a lot legislatures will broaden the consequences for this sort of repeat offenders however don't seem to be inclined to finances the finances to enable the harder consequences to honestly be served by means of such offenders.

Answer 4

Note sure what "passed almost all..." The point is, they took blood to prove you were over the legal limits.

Not sure why they took blood. From my experience with this, blood is only obtained if an accident has occurred and injury and/or death is involved.

I would tell whomever your attorney was about not being Mirandized; however, that simply means anything you "said" cannot be used against you; your blood will stand up in court.

Answer 5

If you were under 21 then no. Nothing can help you except to stay sober or stay inside when you're drunk next time. If you are over 21, then they SHOULD have read you your Miranda rights. But then again, in court, they could always lie and say that they did. Try searching for "Tenessee DUI laws"..That might help you out a bit. Good luck!!

Answer 6

Miranda rights are only for spoken questions and answers. Your blood test wasn't one of those two things. You don't have to be mirandized to be arrested, just interrogated.

You know "You have the right to remain silent. Anything you SAY..."

Answer 7

If they had you on video (and most police cars have them pointed at people doing sob. tests) then they'll have Themselves on video not reading you your rights - and you could get off on that technicality - the blood test would be inadmissible.

Answer 8

As far as the Miranda rights are concerned, they will lie and state that they gave them to you.

Answer 9

if you drank and you drove then i think you should go to jail my father was killed by a drunk driver and i have no sympathy for any body who drinks and drives

Answer 10

I would recommend an attorney, thats the first thing i did when i got mine. They will know what you can and cant do.