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can a person who has been arrested for boating while intoxicated get access to their blood test results?
my husband was stopped , failed a field sobriety test, passed 2 breathalyzer test in sherriff dept.,passed another one in DPS car, DPS officer decided maybe both machines were broke, consented to blood test, they did not take his license, or give him a notice of suspension at the time, now we want to be prepared in case they come back on him.They released him the next morn. on a PR bond,two weeks & we still haven't heard anything. He knows he was not intoxicated, he drank 5 beers over a 6 hr. period. This is in Texas.
Another detail, he was given a ticket for BWI by the game warden. But he did atleast thank him later that evening for being cooperative. I was told by the sheriffs dept. yesterday by phone that we had to have an attorney subpeona the results. The attorney wants $1,500.to find out the results, then if he is prosecuted $2,000. to request a hearing to not suspend his license, then more money to represent him in a case. Normally, they do give you a notice of suspension for your license at the time of incident, they did not. Also, the DPS officer after the breath tests tried to convince the game warden (over the radio) my 17yr. son, & 24yr. daughter heard this conversation while they were waiting for the game warden to run her & her friends drivers license before they would release the boat & vehicle to my daughter, they did not impound them, thank God.
4 Answers
- wernerslaveLv 51 decade agoFavorite Answer
If they didn't site him, or file charges, there is no case. Without a case he can't get the results. The law only makes provisions for test results if you have a case. If there is a case pending, ask the arresting department for a case number. If you can get that, you can then ask for the results.
- Anonymous1 decade ago
Unless they gave him some sort of paperwork, I don't believe anything will happen. If he was getting booked, he should have been offered a phial of the blood which was sampled. All the best, plus make sure he wears a life preserver.
- Anonymous1 decade ago
Yes your husband can access the files, because it is your personal blood test. So you should be able to access that test.
- DiscoveryLv 61 decade ago
Can't think of a reason why not, no matter where you come from you should be entitled to know the grounds for your conviction.
