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Can my friend will be charged with a DUI?
My friend was given a DUI in the state of GA, he refused to blow into the device and was sent to the hospital then to a holding jail. Upon release his citation says a blood test was administered but it never was. The officer reported also that he was stuttering, but it was simply due to not have a jacket and it also being 30 degrees outside. We are trying to figure out if this situation looks at all more promising or not.
9 Answers
- Anonymous1 year agoFavorite Answer
If you refuse to take a blood, breath, or urine test to determine blood/ alcohol content (BAC) after an arrest your driver's license may be suspended for a year. It is automatic grounds for arrest.
- STEVEN FLv 71 year ago
Your 'friend' HAS been charged. If they claim a blood test was performed, and it wasn't, that is grounds for dismissal. As for stuttering, YOU claim that is an accurate statement. The cause is an issue to address at trial.
- David SLv 71 year ago
Refusing to take the breathalyzer is an automatic arrest, and often, an automatic conviction. It doesn't look good for your friend.
- SlickterpLv 71 year ago
Well, if there is no blood test and no breathalizer, they don't really have any evidence, do they?
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- Anonymous1 year ago
If the police officer says that a blood test was administered in the hospital or other chemical sobriety test you have the right to see the evidence before the trial you have the right to see your blood alcohol content if or if not it was illegal. they can't make your refusal to take the breathalyzer in issue because they admitted to having you go to the hospital and take a blood test there for a test was administered you complied with a sobriety test make them show it and then you will know if you can be charged with driving under the influence.if the hospital did not actually take a test don't be stupid and say the hospital didn't take a test! The police officer says that you did make them show it if they can't show that you were driving under the influence after they admitted that they gave you a test at the hospital make a motion to dismiss insufficient evidence
- Anonymous1 year ago
"Can he will he be charged?"
Yes, he CAN be charged. WILL he be charged? I have no idea.
Is it possible that he was so intoxicated that he doesn't remember the blood draw?
If there is no PROOF that he was intoxicated the charge will be dismissed. If there is PROOF, he will be charged. In MY State refusal is an automatic charge against the person.
It would appear from your questions that you are in a sheltered living environment. Is it possible that his medication interfered with his ability to drive?
- MaxiLv 71 year ago
If your 'friend' refused to take the test, then it is treated as they are automatically over the limit and charged as such........... so it was stupid of your 'friend' to refuse as now he has a DUI change
- davidmi711Lv 71 year ago
"Can my friend will be charged with a DUI?" Clearly. Your friend HAS ALREADY BEEN CHARGED WITH DUI. "his citation says a blood test was administered but it never was" So, you were with him the entire time he was in the hospital? No? Why do you think he was sent to the hospital? To get that blood test. A doctor is going to swear to it and the lab work is going to show your friend was drunk.
Your friend needs a lawyer. You are not going to win the case for him by posting lies on Y!A.