requested blood test after DUI
Question: DUI -Gps malfunctioned and got lost – NO traffic citations or moving violations. I requested to blow and have blood test – blew .06 – On the consent form, I asked to have an independent blood test bc of reliability/validity and was told “no”. Can I Motion to Suppress Evidence?
Answer: A .06 BAC (assuming over 21 and not on probation for a probation violation) is a good start. You can file a motion to suppress, and if there was not good cause to pull you over in the first place, you have a shot (although these are often difficult to win…a lot will depend on what is in the police report, and it may be helpful is there is video to counter an officers recollection of events (some cop cars are equipped with recorders).
Also, on a separate issue, if you requested a blood test but were denied that option, that can be helpful in negotiations or trial (should your matter go that far).