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Thread: Police forced me to submit to blood test after I refused breath test because they had no cause. What should I do?

  1. #1
    Junior Member
    Join Date
    Jul 2011

    Police forced me to submit to blood test after I refused breath test because they had no cause. What should I do?

    There was zero probably cause for them to force me to take a DUI test and I refused the test because of this fact. I was not weaving, no slurred speech. I had also been well within the one drink per hour limit I set for myself, I used several online caluculators to determine my blood alchohol and in all cases it comes up around .059

    The forced me to do a blood draw against my consent,what should I do considering my situation?

  2. #2
    Join Date
    Sep 2011
    The police can pull you over for any reason (weaving, following too closely, illegal turn, etc..) and after they have you on the side of the road, they look for signs of intoxication (flushed face, slurred speech, odor of alcohol, etc...). If any of these are present, they have the proper probable cause to ask you to submit to a field sobriety test and then a breath or blood test. Even if you think you were demonstrating no signs of intoxication, it will be your word against the officers'. It will all come down to the result of the blood test. If your BAC was over .08%, you are going to have to deal with a legal DUI charge. I am guessing that you are in a state that was having a no refusal weekend (possibly Texas) and that is why you were forced to give blood. The best thing you can do is speak with a DUI attorney in your area who can help you with your defense.

    This article has all the information about what police look for when they pull someone over in suspicion of DUI.

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