Requested a Breathalyzer but was forced to give blood at a Hospital?

Question

I got pulled over for speeding by CHP in California on Memorial day weekend. I was not speeding and the CHP lady said I was going 95mpg. She had not evidence or clock, or electrical device to prove it. I was never read my rights. Shortly after I was asked if I had drank liquor. I said yes about 2 beers. I refused the FST and requested to take a breathalyzer. After 35 - 45 min, while being handcuffed. I started having a uncomfortable panic attack in the vehicle. The officer said she did not have a breathalyzer and now she said her back up didn't either. Thats BS I think because its a Holiday weekend at 10:30 at night. Anyhow I was unwillingly brought to the hospital and forced a asthma treatment. After recieving service which I didn't want. The police said now I was incapable of taking a breath test. I said but I requested it. Anyhow long story short I was forced to give blood. At jail I was not given the chance to test my blood again or take a breathalyzer.

Answer 1

It is not your request that is honored, it is the Officers.

Answer 2

You posted a more comprehensive question, leaving out some facts, after this. The info in this one actually hurts you more.

You were given a breathing treatment due to your panic attacks. That would take the breath test out of the mix. That explains the blood test. You won't win that one.

Not every officer has a PAS (Preliminary Alcohol Screening) device in their car. Even if they do, it is not a breathalyzer. The breathalyzer is a DOJ maintained machine, the PAS is simply another FST. You refused FST's? That was stupid. If you were sober, you would have been on your way.

You wanted your blood tested again at the jail? What were you hoping for? A second test will either show your BAC dropping (meaning the first test is more accurate regarding your sobriety at the time of the stop) or rising (meaning you definately had to much to drink prior to driving).

Most of the procedural questions you bring up don't mean a thing in court. Your lawyer can try to sway a jury with an empassioned plea that you were wronged because you didn't like being arrested. Your actions tend to show that you were doing your best to delay the investigation and avoid being held responsible for your selfish and EXTREMELY dangerous behavior.

Answer 3

In North Carolina the Officer not the offender picks the type of chemical test. I am willing to bet California is the same way. If you want it your way go to Burger King.

Don't drink and drive.

In response to a poster below who claims that a blood test will show lower then a breath test:
You are incorrect. Blood tests usually read a little higher then breath. It won't be a lot higher but it will be higher. It is only logical. The alcohol in the blood is what impairs us. Even breath tests measure the amount of alcohol in the blood. It would make no sense to try to convict someone on the amount of alcohol on someone's breath. The breath sample is taken from deep lung air, which is why you are required to blow into the instrument for so long. The air sample collected and tested comes from deep within the lungs from where the oxygen is in contact with the blood. It works off of something called Henry's Law which states:
At a constant temperature, the amount of a given gas dissolved in a given type and volume of liquid is directly proportional to the partial pressure of that gas in equilibrium with that liquid.

That means that the air (oxygen) directly above the blood supply will contain a similiar amount of alcohol as the blood supply that it is in contact with. A breath test (Intoxilyzer) express this as a numeric value of grams of alcohol per every 210 liters of breath. A blood test does the same thing but expresses it in grams of alcohol per 100 ml of blood.

It stands to reason that since you are measuring the alcohol straight from the blood then you would get a more reliable (and higher reading). Not that all of this matters or has any bearing on the question. It just drives me crazy when people talk about things like they're experts when they don't really know what they are talking about.

Edit: Demanding an immediate breath test is not an out either. The laws read that it is within an applicable time after driving. It is not a defense to claim that at the time you were pulled over your BAC was a 0.07 but by the time you had blood drawn it was a 0.09. The court is not going to entertain what ifs. Once again you can listen to the jail house lawyers or someone that knows what they are talking about. Besides if you drank two beers the highest your BAC would get up to would be around 0.04 which is well under the limit. However, I suspect you probably drank more then two beers.

In fact the best thing for you to do is to go actually talk to a lawyer in your area.

Answer 4

The reason for the stop and the breath/blood test question are different issues.

You will have a heck of a time disputing the stop. It rarely works to say "I wasn't speeding" especially if you were intoxicated.

As far as the blood test goes... Once you are in police custody, we are responsible for your safety, health and everything else. If you were in some sort of medical distress, the officer is obligated to have you treated. If the treating doctor decided to give you an asthma treatment, so be it. We are not doctors and will not tell them how to do their job. That being said, the only other option would be blood as the asthma treatment could skew the breath test.

And you were not "forced" to give blood. You do have the right to refuse all tests.

Oh, and don't drive drunk. People like you kill thousands of innocent people every month in this country.

Answer 5

As the above posters said, the officer chooses the method of testing. And I'm willing to bet since you "requested" (most likely demanded.) a breathalyzer and refused the field test you pretty much put the officer in a bad mood.

Secondly, being in police custody revokes your right to refuse hospital treatment. Also being drunk makes mentally incompetent to refuse treatment from an EMT or Paramedic.

Thirdly, you're the idiot who chose to get behind the wheel and drive 95mph drunk. Why don't you just man-up and accept the consequences rather than argue semantics with the courts?

Answer 6

The breathalyzer is not portable enough to be transported within a police car. Only the PBT is, but is not admissible in court. If you were not drunk, then the blood test will prove that.

Miranda need only be given prior to questioning. You answered "yes, about 2 beers". That may not be admissible, but the blood is. Sorry.

Above all, stop trying to find a loophole. Just take responsibility.

Answer 7

In NZ the officer usually does a breath screening test(you speak into a montoring device) to detect prescence of alcohol. If present you will be advised they require you to undergo an evidential breath test, blood test or both. If you are under the relevant limit that cool, but if over limit, sorry but time to pay the piper

I have never been been charged for this , although in my younger days it was more good luck than good management

Answer 8

You want some cheese with that wine? You suggested the panic attack and the officer tokk you to the hospital to get checked out. Doctors don't "force" asthma treatments. You had you blood drawn which is standard procedured at the hospital. I hope they throw the book at you for you pathetic story. Next time be responsible.

Answer 9

I don't know ca law so I cant answer. However, a blood test usually shows a lower ba reading than a Breathalyzer. So that could be good. If you refused the FST, then why did you open you big mouth and say 2 beers.. You didnt have to answer that question. What was the BA level? While in the hospital, I think you could have requested your own BA test as potential evidence. If they refused to do so,it you would have had a defense. (I dont know Ca.) As far as reading your rights, unless you were charged with a felony, they don't have to do that in most States. If you were treated for asthma and given a drug before the ba test, you could research if that drug could effect the ba test...Just a thought...

Answer 10

reliable grief! This must be a record for the longest question ever published. . . enable's see if I have been given this. . ., you have been stopped for rushing and then arrested for DUI and a blood try replaced into forced on you?? i locate that tough to have faith. you have the the terrific option to refuse the try, you're saying no to the cop and you're saying no to the nurse. That the nurse took the blood tells me you agreed to the try. no longer basically might it have been unlawful for her to take the blood after your refusal, she might additionally endanger her nursing license for forcing the try. no longer likely, chum. As to the storage of the blood and the "chain of custody" and identifiction of the pattern. properly, they're fantastically lots habitual. in case you will undertaking the technique, you had greater perfect have your geese in a row. The police and wellbeing center and prosecutor will declare that each and all of the regulations have been accompanied, you will desire to coach in any different case. As to the rushing, even your pathetic Ford V-6 will hit ninety 5 mph. That the governer is desperate for ninety mph does no longer mean the truck won't p.c.. up some greater effective miles in step with hour, the governor isn't all that appropriate. the single on my automobile is meant to impressive out at one hundred mph, yet I even have had it as much as 107 mph before it kicked in. i do no longer understand if the officer paced you or caught you on a radar device. the recent laser radars can p.c.. a automobile out of a crowd and clock it interior of seconds. As to you "retesting" the blood pattern, reliable success with that. in case you get the courtroom's permission to do considered one of these try, it will be performed at your rate. desire you got deep wallet. terrific propose i'd desire to offer you is to hire an criminal professional who makes a speciality of DUI situations. he will fee greater effective than the large yet once you like your record to be sparkling, you will cough it up. attempting to do each and all of the flaws you go with to do by using your self, will do no longer something for you different than piss off the courtroom and improve your large or reformatory time.

Answer 11

In my state, refusing field sobriety tests is probable cause to be arrested for drunk driving and the officer has the choice of what the test is going to be (blood, breath, urine or brain juice......ok the brain juice one is a joke).