KY, Refused breath and requested a blood test

What is the name of your state? Oakgroove, Ky
Hi, my name is Will. July 20, 2007 at 9 somethin p.m. I was driving down a gravel road that didnt have any road signs about curves. Well I ran in to a curve to fast went off the road and fliped my car 2. I drove it back on to the road and called a tow truck. While waiting on a tow truck two police cars pulled up behind us. I stood up and held my hands in plain sight so they could see them. My friend was a passenger and he walked up beside me and followed suit. The officers approached us a started asking questions about what happened. My friend explained that i was driving him back to anothers friend house. The officer asked us if we had anything to drink. I said yes. He asked me to take a breath test and i did, but requested a blood test. When I got done taking the test I read the numbers on the side and it regestered a 0.03. The officer took me to a police station and again I requested a blood test. He said as soon as he got done processing me he would take me to a hospital. Well he got done and my friend and me were put back in the car. We drove for about 20 minutes before we arrived at another police station. They started to process me. The lady behind the glass started to explain that by refusing a breath and a blood test I was automatically charged with a dui. Now I'm no lawyer but that sounds like bull crap. I would really appreciate it if someone could give me some accurate help not something you had one of your friends tell after reading it in a comic strip.What is the name of your state?

Curt581 said:

The police choose which method is used as primary. As long as the arrestee complies with the primary test, the arrestee can choose to have the police administer and pay for the secondary test, or he can choose to have his own test conducted by the person of his choice (his doctor) at his own expense.

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Which state(s) do all police comply with the arrestees' right for a blood or urine test IMMEDIATELY after the cop's primary choice of testing?

The officer asked us if we had anything to drink.

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Translation: I'm gonna arrest you for DUI regardless.

He asked me to take a breath test and i did, but requested a blood test. When I got done taking the test I read the numbers on the side and it regestered a 0.03. The officer took me to a police station and again I requested a blood test. He said as soon as he got done processing me he would take me to a hospital.

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OP took the blow hole test and requested a blood test. Officer promised a blood test, but didn't deliver.

Again, which states comply with the arrestees' request?

The upshot of all this in your case.... by choosing to be belligerent, you threw away a nearly perfect opportunity to have the case dismissed at review.

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I didn't see any belligerence on the OP's part. He was trying to excerise his right. Something you clearly have a hard time understanding. Oh wait, one should always follow suit with the cops because they know everything, they're always right and asking for something like your right is considered belligerent. Yeah.

BigMistakeFl

One thing I do know, and have advised my own teenagers..... don't argue with a cop. Wait and state your case before a judge. There are good cops and bad cops. And you don't know which one you're dealing with, or what kind of day he or she has had. He can do anything at the site of the traffic stop or arrest, and there's little you can do about it at that point. A cop could go from a physically rough arrest, or planting drug evidence on you or in your car. He could be nice as can be and tell you to have a good day, or he could kill you, with no witnesses. (Yes, I know that's not likely)

Since you don't know, don't argue. Yes, you should have the right to your rights, but take those to the judge.

BigMistakeFl said:

One thing I do know, and have advised my own teenagers..... don't argue with a cop. Wait and state your case before a judge. There are good cops and bad cops. And you don't know which one you're dealing with, or what kind of day he or she has had. He can do anything at the site of the traffic stop or arrest, and there's little you can do about it at that point. A cop could go from a physically rough arrest, or planting drug evidence on you or in your car. He could be nice as can be and tell you to have a good day, or he could kill you, with no witnesses. (Yes, I know that's not likely)

Since you don't know, don't argue. Yes, you should have the right to your rights, but take those to the judge.

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Thanks ranks up there with my advice: don't argue with the man with the gun.