Results 1 to 5 of 5
  1. #1
    Join Date
    Jun 2010
    Posts
    2

    Default Given Both Breathalyzer and Blood Test

    My question involves criminal law for the state of: California.

    I was driving home on saturday at about 1:30 in the morning, and got down the street from the place I was leaving. I then realized I did not have my purse on me, and pulled off on the side of the road to check my back seat to see if my purse was there before I turned around to go back. Just after I pulled off and turned my overhead lights on, I see headlights pull up behind me, and then the police lights turn on.

    The cop then comes up to my car, asks me how tired I was, to which I said "very" and he asked me "how tired is very" and I said "it's pretty tired". and then he asked how much I had had to drink that night, to which I said "a bit".. then he asked how much a bit was, and I told him I'd had some wine at dinner, and then a few beers. He asked me to step out of the car and gave me the field tests, to which he said I did perfect on. Then, of course, they breathalyzed me. he made me take the test four times, the first one I think I was too nervous on, and then the next two he'd say i did it right and then say no we need to repeat. After the fourth, he told me I blew over the legal limit (but he never told me what it was I blew) and he told me that he would give me just a citation and drive me home.

    So they towed my car, after going through it a bit, of course.. and then they went through my cell phone a bit too, which i left in my car. Then they drove me to the hospital, without telling me why, and gave me a paper to sign, still without telling me what i was signing it for, and then that's when I realized they were having me get a blood test as well.

    My question is WHY would they breathalyze AND blood test me?

    Also... is the blood test something I could get thrown out if I wanted to fight it? He didn't even tell me what I was getting done...

    WHY didn't he tell me what my BAC was, or write it on the ticket? (I was in shock, and too scared to think about asking at the time. and is there a way i can find it out?)

    And... do you think this sounds like a case I could fight? I mean... he didn't give me any form of reason for pulling me over, nor did he actually really pull me over....

    just. advice please, would be helpful.

    Oh.. and this is my first ever offense.. No speeding tickets, no tickets of any kind. think that will work in my favor, if I choose not to fight it?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Given Both Breathalyzer and Blood Test

    I suspect the officer wanted a blood test to determine if you had prescription or illicit drugs in your system; possibly also to confirm the BAC.

    I would expect your BAC to be recorded in his report.

    I suggest having the officer's report reviewed by a lawyer as his recollection may be different than yours. Note that officers often reassure drivers that they're "doing fine" or "passing the test", even when they're not, in order to help keep the driver compliant through the entire testing process.

  3. #3
    Join Date
    Jun 2010
    Posts
    2

    Default Re: Given Both Breathalyzer and Blood Test

    How can I get a hold of a copy of the report?

    and was it lawful of them to go through my phone?

    and can the fact that they did not give me a reason for pulling me over help me fight it? or, actually, the fact that they did not pull me over at all?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,416

    Default Re: Given Both Breathalyzer and Blood Test

    Quote Quoting WeeBee88
    View Post
    How can I get a hold of a copy of the report?
    Your attorney can get it through discovery. You can ASK the police for it, but they are not legally obligated to provide it directly to you.

    and was it lawful of them to go through my phone?
    Maybe. It depends on WHY they were going through the phone.

    and can the fact that they did not give me a reason for pulling me over help me fight it? or, actually, the fact that they did not pull me over at all?
    They do not have to give you a reason for the contact or detention while in the field. That information should be in the report.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    Oct 2009
    Location
    Los Angeles, CA
    Posts
    36

    Default Re: Given Both Breathalyzer and Blood Test

    Quote Quoting WeeBee88
    View Post
    My question is WHY would they breathalyze AND blood test me?

    Also... is the blood test something I could get thrown out if I wanted to fight it? He didn't even tell me what I was getting done...

    And... do you think this sounds like a case I could fight? I mean... he didn't give me any form of reason for pulling me over, nor did he actually really pull me over....

    Oh.. and this is my first ever offense.. No speeding tickets, no tickets of any kind. think that will work in my favor, if I choose not to fight it?
    The first test was a PAS. It is preliminary only and there is always a second test. The second test is usually another breathalyzer at the station that is much more accurate. But it can also be a blood test. As Mr. Knowitall says, the reason they elected to take a blood test was because they probably thought you had other drugs in your system.

    You cannot get the blood thrown out unless you successfully challenge the stop or arrest. By obtaining a CA driver's license, you are consenting to be tested by police that suspect you of driving under the influence of alcohol and/or drugs.

    You might be able to fight the stop. Depending on what the police report says, you might be able to fight the arrest. It really depends on what your BAC was at the scene, what your BAC was in your blood, and if there were any additional drugs in your system. The police report will have all of this information.

    Unfortunately, not having a record does not really help with DUIs. DUIs are pretty equal regardless of any record, unless that record includes a prior DUI.

    1. Sponsored Links
       

Similar Threads

  1. Chemical Tests: Submission to a Blood Test After Being in an Accident
    By MarlaMae in forum Drunk and Impaired Driving Charges
    Replies: 2
    Last Post: 12-18-2010, 02:26 PM
  2. Chemical Tests: Can You Be Charged With DUID Without a Blood Test
    By bbmom in forum Drunk and Impaired Driving Charges
    Replies: 2
    Last Post: 01-15-2010, 09:18 PM
  3. Minor in Possession: Pedestrian Breathalyzer Test for Under 21
    By summer09 in forum Criminal Charges
    Replies: 2
    Last Post: 09-08-2009, 01:27 PM
  4. Chemical Tests: Is A Forcible Blood Test Allowed
    By jf2oo6 in forum Drunk and Impaired Driving Charges
    Replies: 1
    Last Post: 02-24-2008, 03:14 PM
  5. Chemical Tests: DUI Charge Where Blood Test Results Are Different
    By mjsjtj7 in forum Drunk and Impaired Driving Charges
    Replies: 6
    Last Post: 09-08-2007, 07:01 PM
 
 
Sponsored Links

Legal Help, Information and Resources