Questions asked by anonymous people with questions about DUI’s and other criminal charges

DUI in L.A. but no brethalizer given

Question: My boyfriend was pulled over for DUI in Los Angeles but was not drinking. Is there any grounds for arrest? The officer said failure to signal then gave him field test but no breathalizer. Then they dont tell him anything and arrest him with no rights being read. He submitted a blood test. First of all if you are not read your rights can the case be thrown out? Second no breathalizer…no grounds? Also does a DUI blood draw kit just test for alcoohol or test for other substances.

Answer: Although failure to have miranda rights read can keep out certain evidence that may otherwise be used against you, but it does not mean that the case is automatically thrown out (and usually is not based on lack of miranda rights alone). Secondly, if the officer believed that the driver was under the influence of drugs, then they can request a blood test (even without a breath test), and an enhanced charge can be added if there is no compliance. Once they have the blood test, they can test for alcohol and drugs. You should speak to a DUI defense attorney in your area about this case. Also, there can be grounds for arrest even if no breath test if the officer feels the person is under the influence of alcohol and/or drugs. Then it becomes a battle point at court and dmv proceedings (whether there was actually a lawful arrest made, along with other arguments). What court in Los Angeles County is the DUI case in? Feel free to call me to discuss further at 818-336-1384.

Sincerely,

Phil Hache
DUI & Criminal Defense Lawyer

About Phil Hache

I am happy to speak to you about your case. Feel free to contact me at (818) 336-1384 for a free consultation to discuss your situation in more detail.


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