Alcohol & Drugs: DUI, DWI I did not refuse a blood specimen! I Need help!

[Courtney lastname]

Jurisdiction

Texas

.

 

[army judge]

Was under arrest for DWI. Which I wasn't intoxicated. I had a beer 6 hours before. Was pulled over for turning around in a gas station parking lot. I'm going to leave out a lot of the details because I only have one question. Got in the back of the cop car in cuffs and he said no one is available for a breathalyzer can we get a blood specimen? I said I am a little afraid of needles. I never said yes or no. He didn't say a thing and started driving. That's including not telling me reprocutions of refusal. I thought he was taking me to the hospital. At this point I'm silent reflecting on this situation. Then we end up at the jail all the while I am thinking I'm omw to a hospital. A few hours later he hits me with refusal letters to sign. He urges me to sign them over and over again not giving me time to read them. I slightly read them while he is rushing me and I see refusal. I said sir I did not refuse. He said I implied refusing. I'm sorry but it's a yes or no to get an answer correct? This isn't my first rodeo. I had my first DWI and refused. Never would I make that stupid decision again. What should I do? I have a lawyer but seeking another opinion. Thanks.

The officer wasn't required to admonish you about any resistance, or reluctance to take a breath or blood test.


Texas law:

PENAL CODE CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES

IMPLIED CONSENT is the legal theory at play here.

Texas law requires you to take a blood or breath test if you are arrested for a DWI.

Texas's "implied consent" law says that if you are lawfully arrested by a police officer who has probable cause to believe that you have been driving or boating while intoxicated, then you consent to taking one or more chemical tests of your blood or breath for the purpose of determining your blood alcohol content (BAC).

The test must be taken as soon as possible from when you were last driving or boating, and the officer gets to choose which test you take.

Once you submit to the officer's test, however, you have the right to have a blood test taken within two hours of your arrest by a medical professional of your choice.

Any resiatnce, reluctance, or silence is taken to mean NO.

NO means you refused, and doesn't have to be vocalized by the person under arrest.

I suggest you plead NOT guilty when you make your court appearance, hire a lawyer (or request the court to appoint one to assist you), remain silent and discuss this with your lawyer ONLY.

Online discussion boards will be of no value to you, neither will pro se representation.

 

[Courtney lastname]

The officer wasn't required to admonish you about any resistance, or reluctance to take a breath or blood test.


Texas law:

PENAL CODE CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES

IMPLIED CONSENT is the legal theory at play here.

Texas law requires you to take a blood or breath test if you are arrested for a DWI.

Texas's "implied consent" law says that if you are lawfully arrested by a police officer who has probable cause to believe that you have been driving or boating while intoxicated, then you consent to taking one or more chemical tests of your blood or breath for the purpose of determining your blood alcohol content (BAC).

The test must be taken as soon as possible from when you were last driving or boating, and the officer gets to choose which test you take.

Once you submit to the officer's test, however, you have the right to have a blood test taken within two hours of your arrest by a medical professional of your choice.

Any resiatnce, reluctance, or silence is taken to mean NO.

NO means you refused, and doesn't have to be vocalized by the person under arrest.

I suggest you plead NOT guilty when you make your court appearance, hire a lawyer (or request the court to appoint one to assist you), remain silent and discuss this with your lawyer ONLY.

Online discussion boards will be of no value to you, neither will pro se representation.

The officer wasn't required to admonish you about any resistance, or reluctance to take a breath or blood test.


Texas law:

PENAL CODE CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES

IMPLIED CONSENT is the legal theory at play here.

Texas law requires you to take a blood or breath test if you are arrested for a DWI.

Texas's "implied consent" law says that if you are lawfully arrested by a police officer who has probable cause to believe that you have been driving or boating while intoxicated, then you consent to taking one or more chemical tests of your blood or breath for the purpose of determining your blood alcohol content (BAC).

The test must be taken as soon as possible from when you were last driving or boating, and the officer gets to choose which test you take.

Once you submit to the officer's test, however, you have the right to have a blood test taken within two hours of your arrest by a medical professional of your choice.

Any resiatnce, reluctance, or silence is taken to mean NO.

NO means you refused, and doesn't have to be vocalized by the person under arrest.

I suggest you plead NOT guilty when you make your court appearance, hire a lawyer (or request the court to appoint one to assist you), remain silent and discuss this with your lawyer ONLY.

Online discussion boards will be of no value to you, neither will pro se representation.

I know. I have googled and googled. But it's not the question I'm asking. I did not refuse and got charged of refusing. He did not read my rights and in Texas as far as I know plus the paper I was handed after all of this says they must inform you of consequences of refusal. Which didn't happen.

 

[Highwayman]

You were already told - you have an attorney so deal with him and stay off of advice forums.

If you have no confidence in your attorney then it's time to hire a new one.

 

[adjusterjack]

Here's what I'm seeing.

You're an alcoholic. Believing that 6 beers doesn't make you intoxicated is a true sign of being an alcoholic.

You learned nothing from your first DUI.

You DID refuse by not accepting.

He didn't have to read you your rights unless he planned to use your statements against you in court.

Your refusal of the blood test is an automatic suspension by law so he doesn't need your statements.

The Texas Implied Consent law is explained on P 59 of the driver license handbook that everybody was supposed to read and get tested on before being granted a driver license:

http://www.txdps.state.tx.us/InternetForms/Forms/DL-7.pdf

If you don't agree with our opinions you are welcome to discuss your concerns with your lawyer.

 

[Highwayman]

You're an alcoholic. Believing that 6 beers doesn't make you intoxicated is a true sign of being an alcoholic.

OP did say he had a beer six hours prior, not six beers.

 

[army judge]

OP did say he had a beer six hours prior, not six beers.

If I had fifty bucks for every time a defendant told the court that, or something similar.
Yeah, just fifty bucks a pop.
Man oh man

 

[army judge]

I know. I have googled and googled. But it's not the question I'm asking. I did not refuse and got charged of refusing. He did not read my rights and in Texas as far as I know plus the paper I was handed after all of this says they must inform you of consequences of refusal. Which didn't happen.

Oh, that's easy then, mate.

You put those LYING cops on the stand and you get them to LIE before the judge, the jury, and God Almighty.

 

[army judge]

Was under arrest for DWI. Which I wasn't intoxicated. I had a beer 6 hours before. Was pulled over for turning around in a gas station parking lot. I'm going to leave out a lot of the details because I only have one question. Got in the back of the cop car in cuffs and he said no one is available for a breathalyzer can we get a blood specimen? I said I am a little afraid of needles. I never said yes or no. He didn't say a thing and started driving. That's including not telling me reprocutions of refusal. I thought he was taking me to the hospital. At this point I'm silent reflecting on this situation. Then we end up at the jail all the while I am thinking I'm omw to a hospital. A few hours later he hits me with refusal letters to sign. He urges me to sign them over and over again not giving me time to read them. I slightly read them while he is rushing me and I see refusal. I said sir I did not refuse. He said I implied refusing. I'm sorry but it's a yes or no to get an answer correct? This isn't my first rodeo. I had my first DWI and refused. Never would I make that stupid decision again. What should I do? I have a lawyer but seeking another opinion. Thanks.

I know. I have googled and googled. But it's not the question I'm asking. I did not refuse and got charged of refusing. He did not read my rights and in Texas as far as I know plus the paper I was handed after all of this says they must inform you of consequences of refusal. Which didn't happen.

Don't run away now, mate.

We're trying to help.

 

[Highwayman]

If I had fifty bucks for every time a defendant told the court that, or something similar.
Yeah, just fifty bucks a pop.
Man oh man

Not doubting that - I was just correcting the misread by AJ who said the defendant had SIX beers.