Q: I was arrested for DUI. I was given no field sobriety test or breathalyzer, and there was nothing in my blood.
I was arrested in a Walmart parking lot after someone called 911 thinking I had overdosed. The ambulance came, and wanted to check me out so I let them. After I got out of vehicle the cops were there, and immediately took me to jail on DUI charges. I was given no field sobriety test or a breathalyzer. They did take me the hospital to take my blood to see if any drugs were in there. I know for sure there were no drugs in my blood, and it wasn’t even mentioned. The only thing that could’ve possibly showed up is Ketamine, and I have a prescription for that. But again that wasn’t even enough up. My keys were not in the ignition, and there were no drugs in my car. Do I have any real defense or recourse here or should I just plead guilty to avoid any extensive jail time? I don’t have the money to pay for a good lawyer so I may have to get a public defender. I may be able to get together the funds if you think I have a good chance of beating it.
A: Do not plead guilty to DUI as it is a decent case. The hospital blood test might help, but the prescribed drug in your system will be used by the DA. It is possible that an objection to its admissibility might be successful. I would be concerned about what you said to the LEOs, and whatever was in the vehicle. Hire a decent lawyer to prepare for the Preliminary Hearing. Make weekly payments for your representation.
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