Q: Can I fight a DUI when I passed the breathalyzer but failed a blood test for marijuana?
I'm a resident of Ohio but was texting while driving in West Virginia which caused me to swerve and cross left of center. I explained this to the officer but he insisted I was intoxicated. I asked to take the breathalyzer several times but was refused. I also explained that due to previous injuries I was unable to perform the standard field sobriety test. After I passed the breathalyzer I was told that I needed to take a blood test. I initially refused but the officers insisted that I had to do it. The blood test will show Marijuana and methamphetamine in my system. I also have prior OVI convictions in Ohio..
I was denied a public defender because of my income however I can't afford the thousands of dollars quoted to me by the attorneys I spoke with so I will be going to my preliminary hearing today at 1:45 EST without counsel. I don't know what to do next. Can you please give me advice.
A: If the offense occurred in WV, then you need a WV attorney. Whether or not you have any legal defenses is a complex question and requires a detailed analysis of the entirety of the situation. In short, you need to find a way to obtain an attorney. Maybe readdress your financial situation with the public defender's office.
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