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  1. #1
    Join Date
    Jan 2010
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    2

    Default 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?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Blood Tests Lost - Can I Win My DUI Case

    It sounds like your odds are about 50:50.

  3. #3
    Join Date
    Jan 2010
    Posts
    2

    Default 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?

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