Q: Can blood work be suppressed if an officer did not provide an option for a voluntary breathalyzer?
During a DUI arrest while visiting Florida, I was brought to the hospital for chest pains. 20-30 minutes prior to being discharged from the hospital, the officer said a breathalyzer was no longer an option (we were there for approximately 3 hours, his station was 5-10 minutes from the hospital), and that while he’s not forcing me to provide a blood sample, if I didn’t consent, he would count it as a refusal; despite me telling the officer three separate times that my preference was a breathalyzer. Out of duress, in fear I would lose my license for a year on a refusal, I consented. After being discharged from the hospital, I was booked until bail was made a few hours later.
Is there legal precedent that would compel the judge in this case to grant a motion to dismiss the blood work? Did the officer violate my rights by not providing me an option to perform a legal and voluntary breathalyzer?
This part is probably irrelevant, but the blood work came back as .082 BAC.
A:
There's a myriad of issues present in this fact pattern. I'm not licensed in California, so I can't offer you an opinion on the nuances of CA law which may apply. I suggest STRONGLY, that you retain an attorney in your area to defend you.
Good Luck.
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