blood test not adminstered**************

[kj49]

I am in kern county, california. My boyfriend was arrested for dui last night. He was traveling approx 100mph. The officer said that he followed him for quite a ways before pulling him over. He blew a .13 for the FST, and he asked to take a blood test. They never gave it to him. I know that you are supposed to have another test when you get to the station, you can choose breath or blood....they cannot use the field test to convict you. My question is, can the dui case be thrown out because of lack of evidence? He made it very clear that he was not refusing the test, he just wanted a blood test.
Also, shouldn't the officer have stopped him much earlier? Especially since he was traveling at such a high speed? It is my belief that by not stopping him sooner, the officer endangered my boyfriends lives as well as the lives of other drivers. But I do not know if this makes a difference.

[CdwJava]

Originally Posted by kj49

He blew a .13 for the FST, and he asked to take a blood test. They never gave it to him.

Either this is not what he told the officer, or, the blood test was no available. If a test is not available, then it need not be given.

I know that you are supposed to have another test when you get to the station, you can choose breath or blood....they cannot use the field test to convict you.

Not entirely true. Depending on the device used in the field, it MIGHT be admissible as evidence against him.

My question is, can the dui case be thrown out because of lack of evidence?

"Thrown out"? Not likely. But, the defense can certainly try to suppress the presentation of any other test. However, lacking that, it would probably be time for a plea deal.

Also, shouldn't the officer have stopped him much earlier? Especially since he was traveling at such a high speed? It is my belief that by not stopping him sooner, the officer endangered my boyfriends lives as well as the lives of other drivers. But I do not know if this makes a difference.

It is irrelevant to the prosecution of the offense why the officer waited. Chances are he was waiting for additional units to get in place, or, it took him a while to catch up to your boyfriend. It was not the officer that risked lives that night, it was your boyfriend's inebriation and impairment.

- Carl

[paguy88]

Not entirely true. Depending on the device used in the field, it MIGHT be admissible as evidence against him.

explain? thanks

[CdwJava]

The CA Department of Justice maintains and distributes the Drager EPAS (Evidential Portable Breath Alcohol testing System) to agencies statewide. It is now the system used for the proscribed breath tests after an arrest, but it is also portable in a handheld device. So, if for some reason another test is not completed or available, that field test using the EPAS can be admitted into evidence.

- Carl

[paguy88]

Originally Posted by CdwJava

The CA Department of Justice maintains and distributes the Drager EPAS (Evidential Portable Breath Alcohol testing System) to agencies statewide. It is now the system used for the proscribed breath tests after an arrest, but it is also portable in a handheld device. So, if for some reason another test is not completed or available, that field test using the EPAS can be admitted into evidence.

- Carl

so this is a more accurate divice than intoixolizers? I think that is the brand name? I can nto remember at the moment I have a real bad headache.

[CdwJava]

Originally Posted by paguy88

so this is a more accurate divice than intoixolizers? I think that is the brand name? I can nto remember at the moment I have a real bad headache.

There are probably a half dozen major handheld devices on the market, but the widely distributed Intoximeter devices do not have the same level of maintenance and calibration necessary to meet the Kelly-Frye standard for accuracy. At the moment, they can be used largely to measure the presence of alcohol, though they can often be introduced for purposes of zero tolerance cases with underage drivers.

- Carl

[BigMistakeFl]

Let me get this straight: It's not the boyfriend's fault that he got drunk and drove far in excess of the speed limit, rather, it's the fault of the cops for not pulling him over more quickly than they thought safe to do so?

[fatamerican]

Originally Posted by BigMistakeFl

Let me get this straight: It's not the boyfriend's fault that he got drunk and drove far in excess of the speed limit, rather, it's the fault of the cops for not pulling him over more quickly than they thought safe to do so?

amazing isn't it.