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.
Patrick J. Silva
Silva & Silva
Attorneys at Law
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