Blood Tests Lost - Can I Win My DUI Case
My question involves criminal law for the state of: Michigan
Was arrested for DUI in Michigan, went through 5 sobriety test and failed one of them. Refused the breathalyzer test and had a blood test. Was informed by my attorney that the blood test results were lost. During the pretrial process, i met with a probation officer to go through screening and admitted to having two shots at 10:30 PM, two beers from 12:00 to 2:00 AM, and was pulled over at 2:30 AM. The video also shows me swerving with the car which is not very uncommon on that road. The attorney says that i have a 50/50 chance of winning the case and he recommends that i go with impaired driving since it's my first offense. Should I go to jury trial, do i have a chance of winning the case since they don't have proof of my alcohol content?
Re: Blood Tests Lost - Can I Win My DUI Case
It sounds like your odds are about 50:50.
Re: Blood Tests Lost - Can I Win My DUI Case
My argument is that i agreed to a blood test to get accurate results and show that i was under the legal limit. But the results were lost, so there is no physical evidence.
If i go to trial and lose the case, can i sue any of the agencies (hospital, city, police dept) for tempering with evidence which could have proven me not guilty?