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Got pulled out of my house for a DUI blood test.

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feelingDumb

Junior Member
What is the name of your state (only U.S. law)? PA

I was driving back home after having a cigar at a local shop. While driving I got to close to the curb and curb rashed my passenger side rims. I make it home no problem. I had a few shots of whiskey to calm my nerves from seeing my beautiful wheels all scraped up. Twenty minutes later the police are knocking at my front door. The officers told my wife there was an accident and they need to speak to the driver of the vehicle. Evidently, someone witnessed me scrape the curb and thought I was driving drunk so they called the cops. So anyways, my wife makes the mistake of letting the cops in to the house. She should have said not without a warrant. I'm upstairs getting ready for bed and two armed officers come and ask if I had been out driving tonight. I said yes, and they asked if I had been drinking and I said yes. They perform a few field sobriety tests on me and then decide to put hand cuffs on me. They never said I was arrested, nor was I read my rights. I get to a hospital and they proceed to tell me they are going to do a blood test. Since I had a few shots of whiskey in my house less than 50 mins ago I said no. They said if I don't take it I will lose my license. Still I refused. My friend who is a lawyer came to the hospital and the police let him take me home. I was not given a ticket or any information other than to be on the look out for a PENNDOT letter stating my DL is suspended.

I was very compliant. Did everything I was told. Yes sir no sir. I didn't take the test because I had been drinking while at my house for 20 mins until the cops showed up.

Need advice.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? PA

I was driving back home after having a cigar at a local shop. While driving I got to close to the curb and curb rashed my passenger side rims. I make it home no problem. I had a few shots of whiskey to calm my nerves from seeing my beautiful wheels all scraped up. Twenty minutes later the police are knocking at my front door. The officers told my wife there was an accident and they need to speak to the driver of the vehicle. Evidently, someone witnessed me scrape the curb and thought I was driving drunk so they called the cops. So anyways, my wife makes the mistake of letting the cops in to the house. She should have said not without a warrant. I'm upstairs getting ready for bed and two armed officers come and ask if I had been out driving tonight. I said yes, and they asked if I had been drinking and I said yes. They perform a few field sobriety tests on me and then decide to put hand cuffs on me. They never said I was arrested, nor was I read my rights. I get to a hospital and they proceed to tell me they are going to do a blood test. Since I had a few shots of whiskey in my house less than 50 mins ago I said no. They said if I don't take it I will lose my license. Still I refused. My friend who is a lawyer came to the hospital and the police let him take me home. I was not given a ticket or any information other than to be on the look out for a PENNDOT letter stating my DL is suspended.

I was very compliant. Did everything I was told. Yes sir no sir. I didn't take the test because I had been drinking while at my house for 20 mins until the cops showed up.

Need advice.
You need the lawyer.
 

Eekamouse

Senior Member
I have some advice. Come up with a more plausible story than you only drank after you had gotten home. That sounds like total b.s. to me.
 

feelingDumb

Junior Member
Agree its a BS story. And for the record, learn to shut your mouth when being questioned by police.
Guys, it may sound like bs but I was never charged, nor was I told I'm under arrest, and yes I did drink 3 shots when I got home because why not? I just thrashed the wheels on my 1 month old car. Also I did omit that I had a few (3) at the cigar place. Also this vehicle is a bit of a handful w/ 480hp.
 

Ladyback1

Senior Member
Guys, it may sound like bs but I was never charged, nor was I told I'm under arrest, and yes I did drink 3 shots when I got home because why not? I just thrashed the wheels on my 1 month old car. Also I did omit that I had a few (3) at the cigar place. Also this vehicle is a bit of a handful w/ 480hp.
one shot is to settle your nerves....the other two??

Come on man! I didn't even have 3 shots Thursday nite when I found out my boyfriend has throat cancer!:rolleyes: (and yes, we had tequila and bourbon in the house--both of which I like!) And trust me, my boyfriend is much more important than your hoopity car!
 

Zigner

Senior Member, Non-Attorney
Guys, it may sound like bs but I was never charged, nor was I told I'm under arrest, and yes I did drink 3 shots when I got home because why not? I just thrashed the wheels on my 1 month old car. Also I did omit that I had a few (3) at the cigar place. Also this vehicle is a bit of a handful w/ 480hp.
The license suspension for the refusal is a totally separate matter.
 

Ohiogal

Queen Bee
Guys, it may sound like bs but I was never charged, nor was I told I'm under arrest, and yes I did drink 3 shots when I got home because why not? I just thrashed the wheels on my 1 month old car. Also I did omit that I had a few (3) at the cigar place. Also this vehicle is a bit of a handful w/ 480hp.
So you had three at the cigar place and then drove home. Then you had three at home? You are full of it. Alcohol that is. Your license is gone.
 

feelingDumb

Junior Member
I'm a first time offender, no tickets, no priors. Three glasses of red wine over the course of an entire football game. I trash my rims on a curb... and a good sumaritan thinkings i'm drunk. I'm 37 years old and yes I do like to drink but doing so legally. For me, pouring a large dram of scotch is something I do. It would equate to 3-4 shots if I were in a bar. Also drinking this inside of 20 mins is easy while my wife is yelling at me and I'm pissed about the wheels.

I see I won't really get any constructive criticism or good advice here outside of "lawyer up" so I will vacate this thread.
 

Ohiogal

Queen Bee
I'm a first time offender, no tickets, no priors. Three glasses of red wine over the course of an entire football game. I trash my rims on a curb... and a good sumaritan thinkings i'm drunk. I'm 37 years old and yes I do like to drink but doing so legally. For me, pouring a large dram of scotch is something I do. It would equate to 3-4 shots if I were in a bar. Also drinking this inside of 20 mins is easy while my wife is yelling at me and I'm pissed about the wheels.

I see I won't really get any constructive criticism or good advice here outside of "lawyer up" so I will vacate this thread.
You weren't charged with DUI. You lost your license because you refused to test. And you can't keep changing your story:
I was driving back home after having a cigar at a local shop.

A cigar takes you three to four hours to smoke?


And during that one cigar you had three drinks:

Also I did omit that I had a few (3) at the cigar place.
 

TigerD

Senior Member
I see I won't really get any constructive criticism or good advice here outside of "lawyer up" so I will vacate this thread.
The problem is that there is nothing anyone can say other than lawyer up. Your problem requires a lawyer to look at all the details and attack the issues. You just can't do that on an internet forum. You should get the best lawyer you can afford.

Try the National College for DUI Defense at ncdd.com. Also, there must be some administrative hearing on your license - you should get with that attorney as soon as you can. The clock ticks quickly on that.

Naysayers aside - I wouldn't be unhappy with those facts.

TD
 

Ohiogal

Queen Bee
The problem is that there is nothing anyone can say other than lawyer up. Your problem requires a lawyer to look at all the details and attack the issues. You just can't do that on an internet forum. You should get the best lawyer you can afford.

Try the National College for DUI Defense at ncdd.com. Also, there must be some administrative hearing on your license - you should get with that attorney as soon as you can. The clock ticks quickly on that.

Naysayers aside - I wouldn't be unhappy with those facts.

TD
You think you could get the administrative license suspension lifted?
Because he has NOT been charged.
 

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