I'm from King County, Washington State
I have no previous DWI or DUI.
I went to a club and had two drinks. I was the DD for the night while my four friends drank. While on the road home I was distracted for a moment because two friends began to argue, resulting in me swerving into the other lane. There was an officer behind me and he pulled me over. He asked me to step out of the vehicle because he smelt the alcohol on my breath. I agreed. He then began to give me field sobriety tests. I amused him and followed his instructions. He then asked for me to use his breathalyzer. I was surprised and told him that I wouldn't do it without my lawyer present. He then arrested me. After we entered the police station he told me that if I didn't agree to the breathalyzer then my license would be automatically suspended for a year and if I do agree then it could only be 90 days if found guilty. I agreed and signed the form to take the test. He then asked me to take out my lip piercings because the test wouldn't be accurate with them. I told him I needed pliers. He looked for some and came back with nothing. I wasn't able to take them out by hand. He marked down that I refused. He called his boss and they decided to take my to the hospital for a blood test. I agreed and we drove there. On the drive there I informed the officer that I had high anxiety (medical records prove this) and I needed someone to hold my hand or hold me down to draw blood. (my doctors all know this and I typically bring my mom with me or my boyfriend to these type of procedures). The officer said that I wouldn't be given this privilege and I'd have to tough it out despite that nurses offering to bring another nurse in to hold my hand. I understood and agreed to follow through. Once I sat down and was shown the needle I began to cry and the officer told the nurse to stop and that I was refusing the test.
I wasn't charged with a DWI, but my license is suspended for a year and I'd like to explain my case to the court and hope that they will remove the suspension.
Do you think I have a good chance at winning my case?
Any advice?
I have no previous DWI or DUI.
I went to a club and had two drinks. I was the DD for the night while my four friends drank. While on the road home I was distracted for a moment because two friends began to argue, resulting in me swerving into the other lane. There was an officer behind me and he pulled me over. He asked me to step out of the vehicle because he smelt the alcohol on my breath. I agreed. He then began to give me field sobriety tests. I amused him and followed his instructions. He then asked for me to use his breathalyzer. I was surprised and told him that I wouldn't do it without my lawyer present. He then arrested me. After we entered the police station he told me that if I didn't agree to the breathalyzer then my license would be automatically suspended for a year and if I do agree then it could only be 90 days if found guilty. I agreed and signed the form to take the test. He then asked me to take out my lip piercings because the test wouldn't be accurate with them. I told him I needed pliers. He looked for some and came back with nothing. I wasn't able to take them out by hand. He marked down that I refused. He called his boss and they decided to take my to the hospital for a blood test. I agreed and we drove there. On the drive there I informed the officer that I had high anxiety (medical records prove this) and I needed someone to hold my hand or hold me down to draw blood. (my doctors all know this and I typically bring my mom with me or my boyfriend to these type of procedures). The officer said that I wouldn't be given this privilege and I'd have to tough it out despite that nurses offering to bring another nurse in to hold my hand. I understood and agreed to follow through. Once I sat down and was shown the needle I began to cry and the officer told the nurse to stop and that I was refusing the test.
I wasn't charged with a DWI, but my license is suspended for a year and I'd like to explain my case to the court and hope that they will remove the suspension.
Do you think I have a good chance at winning my case?
Any advice?
