Patrick J. Silva
Silva & Silva
Attorneys at Law
* 17 Years of Top Level DUI Experience!
* I Teach Other Lawyers DUI Defense!
* Well Known & Respected in the Courts!
Q: I hit a car in front of me (very minor damage going about 12mph at the intersection ) and the driver called the police because of my intoxication. The police made me do the typical sobriety tests then asked if I prefer breath or blood test, I chose blood. A nurse drove to the scene to draw my blood then a few mins later the officer gave me a ticket for DUI and wrote 0.08% BAC on the ticket. He also didn't arrest me that night but told me this is considered an arrest and I got to go home with my dad who drove to the scene when I called him. I was very cooperative and feel like he gave me a break. This is also my first DUI charge.
My question, is it possible to get the BAC results that quick or did the officer just write 0.08% BAC on my ticket as an unoffical BAC level? Also is it normal to not be arrested for a DUI?
A: Blood test results occur following a laboratory analysis, this isn't possible in the field. The .08 BAC was speculative based on the observations of the officer and his/her training. Make your DMV request within 10 days, maybe meet with a couple of DUI defense attorneys to discuss the facts of your case (as you know them to be) and wait for the evidence to start coming in.
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