Alcohol & Drugs: MIP, MIC, Intoxication DUII - No blood test taken

[jmcnair]

Saturday morning I was involved in an accident.
I was getting on the freeway and looked over to grab something from my passenger seat, at this moment a Semi-truck w/ a flat bed trailer hit his brakes in front of me. I slammed into the back of him.

When the officers showed up they asked me if I had been drinking, I said yes. They asked if I wanted to go to the hospital as my knee was injured and I said yes. Later at the hospital they informed me of what I was being charged with and asked if I would give consent to a blood test. I agreed and signed the paper work. However, that blood test was never taken. I wasn't given any tests at the scene of the accident.

My question is, if they didn't take the blood or give any breathalizer, how can they prove that I was over the limit?

Thank you,
Josh McNair

 

[raskalnikov]

Is this in the USA?

I would think that they can't. How do you know if you are being charged?

Is that all you said? Just yes? That's fairly meaningless if you argue you drank hours ago, and that it was out of your system. . .

 

[jmcnair]

Sorry, yes, it's in Portland Oregon. Not sure why that didn't enter.

They wrote me a citation for a DUII. At the hospital they asked if I would consent to a blood test. Read me a big long thing and then had me sign it. Then they left to get a nurse to take my blood. I still had some stuff in my arm for the IV that the Paramedic put in. A while later I talked to a nurse and asked when they were going to take the blood so I could get the needle thing out of my arm. THey said they wouldn't be able to take blood w/ that anyway and why did I need it taken. I told them the cops needed it. They never took it.

And yes, they asked me if I had been drinking and I just said yes. I never said how much.

 

[raskalnikov]

I think you're in the clear.

 

[CdwJava]

I have yet to see a hospital that never took blood when someone was admitted for an injury or serious illness. I suppose it is possible, but it must be rare. If the hospital drew any blood at all, the state could use THAT blood test for their results. If they took urine, they might be able to use that as well.

If no one took any blood at all, then you may well be in the clear unless they have some proof of impairment other than blood, breath or urine.

- Carl

 

[tpajet]

From the standpoint of coming up with a number, they will not be able to show intoxication. However that does not mean you are in the clear.

If you showed signs of being intoxicated at the scene, then they can still prosecute you and win.

People often think that the police have to show your BAC was over a certian level (0.08 in most if not all states), however, that is not at all the case. You can have a 0.04 or 0.01 for that matter, but if you still show other signs that you are intoxicated, then you are deep $h]7.

 

[raskalnikov]

In Michigan he'd be in the clear.

Medical problems, and many other things, may cause someone to seem intoxicated.