right to choice of breath or blood for DUI
Question: I was pulled over for a missing brake light and failed to use my turn signal to change lanes. Cop said my eyes looked glassy and had me do road side tests which I passed. Then had me do breathalyzer test and refused to show me results. Also I am a 300 pounds. I honestly was not drunk or buzzed. I had only had one corona. I was never offered a blood test or read me my miranda rights. I spent 12 hours in jail and all others had blood tests that night. i was never given option.
Answer: The officer is supposed to offer you breath or blood. If for some reason blood test is not available, then that can limit your options, but that is rarely the case (particularly where others in jail that night did blood tests). Also, if you choose a breath test, officers are supposed to advise you the right to a blood test so you can run your own tests on the blood (ie. through a lab, called a blood split).
Also, FST’s can be challenged in any situation, but particularly for people more advanced in years, over weight, and/or physical impairments. You should speak to a DUI attorney as soon a possible in regards to your case. Call me at 818-336-1384 to discuss your case in more detail.
DUI & Criminal Defense Lawyer