The biggest mistakes most people will make are based on the lack of a true understanding of how alcohol works with one’s body. One huge mistake they make, for example, is not being truthful when telling the police how much they had to drink. Most commonly, they tell the officer they had two beers an hour or two before the stop.
If that’s true, that’s great; you are truthful; but if it’s not, that means the DA will rely on that report, which may affect how well you can use your blood or breath result. If you said you had two beers two hours earlier, but your BAC is 0.16, the DA will use that lie to attack your credibility, and they will assume you had much more to drink and were actually on the backend of the blood alcohol curve and your BAC level may have been coming down.
At the time you were driving, they may assume your BAC level was actually higher. If you had five beers an hour ago, that’s probably better for you than if you say you had two beers two hours ago because at least it gives you credibility.Five beers an hour ago places you in that absorptive phase in which your body is still absorbing the alcohol, which could help your case, because that means your BAC was probably rising.
That said, I don’t necessarily think it’s a good idea to answer any of the officer’s questions because they are just building a case against you; but if you do answer those questions, be truthful.
What Is The Most Difficult Aspect of Blood Draw Cases?
The most difficult aspect of blood draw cases has to do with the analysis and the investigation. Many crime labs try to clean up their records to make the analysis cleaner and easier to read, but when they do so, they tend to minimize any static or interference in the graphs, which may be other types of alcohol or possibly signs of fermentation. That’s the most difficult part; reading through the chromatograph and figuring out where the issues are.
Can Police Officers Forcibly Administer a Blood Draw in Case of a Refusal?
The answer to that is mixed. Up until the U.S. Supreme Court’s McNeely decision, if someone refused the blood test, police officers in California could force the issue, by holding them down or using some sort of restraint and forcibly sticking a needle in someone’s arm and forcibly drawing the blood. That decision, held that such action was no longer okay, and that police now need a warrant.
If you refuse, they can still hold you down, but most agencies have decided to not go that route and they just charge you with refusal which, if you’re convicted, involves increased potential punishment, including more jail timeor increased fines. As far as the DMV is concerned, they can decide that you refused the test, even without a DUI conviction in Court, and they can suspend a license for one year without the ability to get a restricted license.
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