Refusal to take blood test and incorrect paperwork by officer
My wife was just arrested for perceived driving under the influence. While admittedly drinking that evening, when they were to draw blood, my wife wanted a doctor to be present. They took that as a flat refusal, did not inform her of any ramifications of such an act, and filed her paperwork. Does she have many options for justification? Also, on her paperwork, they wrote down the wrong birthdate--is this ample enough of a mistake to have any bargaining room? Thanks for your replies.
1 Answer from Attorneys
Re: Refusal to take blood test and incorrect paperwork by officer
She does not have a right to have her doctor present and the birth date, by itself, would not do much. There are a number of other issues to be investigated.