Probable cause/ Blood test

[messedupinOH]

At 1pm, I recently was pulled over because of a few cracks on the driverside door window. Is that reason to pull over my car? He said,"If not for the cracked window, I would not have pulled you over." After passing all the field sobriety test, except the eye stigmatism test. He ordered for a portable breath test. I took the test and received a .102. He took me to the station and adminstered the actual breathalyzer. First try was a .097 and the second was a .102. Between the two, I received the lower bac and charged with an ovi. I was released and one of the cops was my neighbor and offered me a ride home when he got off. After waiting a few minutes, the arresting officer told me I had to come back in. Because it is my 4th ovi, I had to wait until I seen a judge the next morning. My next question was, "I want a blood test, how can I do that in here?" Officer,"You can do it when you get out." Me,"I'm here til tomorrow where a blood test is irrelevant." Officer says,"Well, I dont know." So, he booked me and I was released on bond the next day. Was I denied a blood test? I felt I made a grand gesture that I wanted one and he denied me???? Any advice?

 

[InsaneJane]

Yes. Next time they let you go, Don't hang around for them to incarserate you longer.

 

[sandyclaus]

At 1pm, I recently was pulled over because of a few cracks on the driverside door window. Is that reason to pull over my car? He said,"If not for the cracked window, I would not have pulled you over." After passing all the field sobriety test, except the eye stigmatism test. He ordered for a portable breath test. I took the test and received a .102. He took me to the station and adminstered the actual breathalyzer. First try was a .097 and the second was a .102. Between the two, I received the lower bac and charged with an ovi. I was released and one of the cops was my neighbor and offered me a ride home when he got off. After waiting a few minutes, the arresting officer told me I had to come back in. Because it is my 4th ovi, I had to wait until I seen a judge the next morning. My next question was, "I want a blood test, how can I do that in here?" Officer,"You can do it when you get out." Me,"I'm here til tomorrow where a blood test is irrelevant." Officer says,"Well, I dont know." So, he booked me and I was released on bond the next day. Was I denied a blood test? I felt I made a grand gesture that I wanted one and he denied me???? Any advice?

Yes, a broken or cracked window is considered probable cause for being pulled over. The cracks in the windows can impair your line of sight, and I believe it is a ticketable offense.

As for the rest of it, you blew a .102 on the breathalyzer. That's enough to support the charge of OWI. If you want your own blood test, that's your choice. He didn't deny you the test - the police officer didn't need it to prove or disprove your guilt. YOU are the one that wanted it.

Do you really want to challenge the officer's findings? The difference between 0.097 and 0.102 is not that significant, especially when you consider that 0.08 is the legal limit. Either breathalyzer reading means you were well over the legal limit.

 

[messedupinOH]

Oh and I had not been drinking that day. I was drinking til midnight, I had about 4 beers and 2shots. Not enough, to be in my system at 1pm the next day. Thats why I wanted the blood test.

 

[sandyclaus]

Yes. Next time they let you go, Don't hang around for them to incarserate you longer.

Wow, just WOW.

If you were trying to be snarky, the better response would have been, "Yes. The next time they let you out of jail, don't drink such excessive amounts of alcohol and climb in your car to drive. Go to rehab, do not pass go, do not collect $200."

 

[CdwJava]

At 1pm, I recently was pulled over because of a few cracks on the driverside door window. Is that reason to pull over my car? He said,"If not for the cracked window, I would not have pulled you over."

Depending on the law in your unidentified state, the cracks may also have to be articulated as obstructing your view in some way. Your attorney can tell you if that is an avenue to explore or not.

After passing all the field sobriety test,

Almost everyone thinks they "passed" the FST. Most people who demonstrate they are impaired will believe they "passed" but that is because they do not know what the officer is looking for, and, because their judgement is already impaired as a result of the alcohol. Judgement is often the first thing to go.

Because it is my 4th ovi, I had to wait until I seen a judge the next morning.

Clearly you have a problem with alcohol, and you have a problem that includes putting the rest of the public at risk because you cannot control your drinking. If you absolutely must get tanked regularly, at least be considerate of the lives of others and take a cab or use a designated (non-drinking) driver to give you a lift home.

Was I denied a blood test? I felt I made a grand gesture that I wanted one and he denied me???? Any advice?

You had already chosen the breath test. Unless your unidentified state requires the police to also give you a blood test upon request after you have chosen blood, then there's nothing to do in that vein.

Right now, it is time to consult an attorney. It might also benefit you to get into alcohol rehab or counseling. If you can show that you are taking your problem seriously, the prosecutor might be inclined to go easy on you ... maybe.

EDIT" Okay ... after re-reading the OP's nickname, I presume he is in Ohio. Doesn't change anything, though.

 

[InsaneJane]

Wow, just WOW.

If you were trying to be snarky, the better response would have been, "Yes. The next time they let you out of jail, don't drink such excessive amounts of alcohol and climb in your car to drive. Go to rehab, do not pass go, do not collect $200."

No. I'm just giving free advice that would havr solved the OPs problem.

 

[CdwJava]

Oh and I had not been drinking that day. I was drinking til midnight, I had about 4 beers and 2shots. Not enough, to be in my system at 1pm the next day. Thats why I wanted the blood test.

Those must have been hecka hefty shots! Or, you drank nearly twice what you recalled. Or, you were drinking much later than midnight.

Well, if you have the money you can hire an attorney that specializes in DUI defense and he might be able to challenge the maintenance and calibration of the breath device. Such a defense could cost you in the area of $10,000 or more, but it's up to you as to how important this might be.

But, the odds of the field PBT AND the device at the station both being off to an almost identical degree would be rather astronomical. Plus, I imagine the FSTs were conducted because the officer smelled the odor of alcohol on you ... that sort of implies that it was still exiting your pores.

 

[messedupinOH]

Are there things that can create a higher reading? I have been trying to quit smoking for awhile, but that night and morning I was smoking menthol cigarettes.

 

[CdwJava]

Are there things that can create a higher reading? I have been trying to quit smoking for awhile, but that night and morning I was smoking menthol cigarettes.

I am unaware of any anti-smoking medication or patch that might alter your BAC reading. Though depending on the substance I suppose you might seem more impaired in some way.

 

[messedupinOH]

All I'm saying is that during the procedure, they say you have the right to a blood test at your own expense. I wanted to do the blood test, but was denied. Sounds like a violation of rights???

 

[CdwJava]

All I'm saying is that during the procedure, they say you have the right to a blood test at your own expense. I wanted to do the blood test, but was denied. Sounds like a violation of rights???

A DUI attorney might be able to make some hay out of that, but I cannot say how serious an issue that might be in your state.

The problem might be that you had apparently gone all the way through the process and NOT asked for a blood test6 at your own expense. When you were pending release and then told you were staying, that was when you suddenly decided on blood.

The only way you might know if this is helpful to you or not will be to consult an attorney who can review the case.

Attorneys that specialize in DUI can be expensive, so be aware.

 

[sandyclaus]

Oh and I had not been drinking that day. I was drinking til midnight, I had about 4 beers and 2shots. Not enough, to be in my system at 1pm the next day. Thats why I wanted the blood test.

I find it very hard to believe that all you had was 4 beers and 2 shots the prior night, and you STILL blew between a .097 and 0.102 that long afterwards. Especially with a history of 3 previous OWIs. And while there may be specific medical conditions or medications that MAY affect your BAC, with your history of prior violations, I would think any of those would have already come up and affected the outcome of those cases.

I get the impression that all you are doing is trying to wiggle your way out of the significant penalty you face with your 4th OWI. I really don't see that happening. In fact, I see great disappointment in your future if that is, indeed, your hope.

 

[messedupinOH]

A DUI attorney might be able to make some hay out of that, but I cannot say how serious an issue that might be in your state.

The problem might be that you had apparently gone all the way through the process and NOT asked for a blood test6 at your own expense. When you were pending release and then told you were staying, that was when you suddenly decided on blood.

The only way you might know if this is helpful to you or not will be to consult an attorney who can review the case.

Attorneys that specialize in DUI can be expensive, so be aware.

I mentioned the blood test previously and was waiting to be released. I said, "I find it hard to believe my bac to be this high...I'm going to get a blood test when I am released." There were two witnesses to that as well.

 

[messedupinOH]

Sandy I appreciate your honesty, but at this point.. I am looking for advice and some sort of positivity out of the situation. This ovi has got me really feeling down and has a serious impact on my life. Thank you.