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Mentally ill son charged with DWI

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csmitha02

Junior Member
va
Can someone be forced to take a blood test after blowing a 0.016 at a sobriety check point then 0 at the police station?
This happened to my son in Alexandria, VA. During all this, I was in contact with the officer who told me he asked for a blood test because even though my son passed a breathalyser, he seemed incoherent and had told the officer he takes prescription medication for a mental illness. I explained to the officer that me son acts extremelly nervous and paranoid when in pressure situations. So now it seems that if my son did something stupid like taking some kind of drug earlier in the week, and the blood test comes back positive, he will likely be convicted, ruining his and his families lives even more. I can't even begin to add the comedy of errors including the fact that he was also incorrectly charged with driving on a suspended license and how much money this has cost me, Impounded car etc
Additional information
My son was charged with the DUI pending the results of the Blood Test. At the advisory hearing a court date of Oct 19 was set. The officer told me that if the blood test comes back negative, the charge goes away. So as it stands it seems he has been charged based on the officer's suspicion of illegal drug use and his supposed training in recognizing behaviour in line with drug use. I wonder if the officer has ever been trained to recognize paranoid behaviour typical of a mentally ill person who passes a breathylizer yet is held in custody with absolutely no physical evidence. Why wouldn't they wait until the blood test comes back before deciding on a charge?What is the name of your state (only U.S. law)?
 


CdwJava

Senior Member
There really is little you can do now but wait to see what the blood test shows. And the reason they can charge the DUI before the test is that they likely have the officer's observations and evaluation that provides some objective probable cause to believe that your son was driving while impaired by alcohol or drugs. They will probably not go to trial without some chemical test results for affirmation, but in some jurisdictions it is possible to go to trial based solely on the officer's evaluation. This can be, in part, because many psych meds are not part of the common drug screens and many psych meds are not easily found in these tests.

So, have an attorney for your son on tap, and wait for the results.


- Carl
 

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