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Can a person who was arrested for boating while intoxicated get access to their blood test without a subpeona?
My husband was arrested forBWI by game warden,failed field sobriety test gave up after3rd test but stated, I'm not intoxicated,I want a breath test.he drank 5 beers8am-1pm.Taken to sheriff dept DPS officer gave him 2 breath test inside passed.The officer said maybe machine was broke,went to his car used remote breathalyzer,same thing passed,he consented to blood test.Was taken back to jail,released next AM on PR bond.It was a90hp motor on boat law states over 50hp automatic 6mo.license susp. they didn't take his license&have not received a license susp.notice yet its been14 day.Sheriff dept said an attorney must subpeona test results.He wants$1500 to do so.The game warden also refused to give our 24 yr.girl the boat&truck until she& 2 pass.w/her TDL's cleared,only 2 would drive.Checked for warrants NONE.Searched boat for over an hour&questioned17yr.son about poaching-no way& how many beer,was w/dad,held him over 2hr on boat&shore,he then left the empty bottles in boat, we live in Texas
While the game warden had my son & daughter detained the DPS officer at the sheriff's dept. called him on the radio twice telling him the breath results & stating both times that he did not feel he was intoxicated & should be released. The game warden refused. My son, daughter & her 2 friends were all present for this conversation. He had them all standing or sitting on the hard ground- boat ramp while they searched the boat(another game warden was there as well) and ran their licenses. They were all very respectful & cooperated with no problem, the game warden even came to my husbands cell & thanked my him for being so cooperative later that evening when he gave him his paperwork. My husband & whole family use this fishing spot all the time & more or less know the owners. Mainly he just wants to clear his name. He is innocent. It is not illegal to drink & drive a boat unless you are intoxicated. Although we both agree it is not the smartest thing to do, and won't repeat this behavior
1 Answer
- trooper3316Lv 71 decade agoFavorite Answer
The case will be filed with the local courthouse. The Prosecuting Attorney is required to give you everything he plans on using against you. The legal term for this is "Discovery".
