dwi

[anne marie]

I had 2 drinks new years eve, I was hit by another vehicle.
They used the "jaws of life" to open my vehicle, my temple was cut in the process, resulting in loss of blood. I supposedly was hysterical after that, and was given a sedative. After being flown to the hospital, I arrived unconscience, but a blood alcohol test was taken., the results produced a level over the legal limit.
Is this blood alcohol test admissable?
Were the paramedics within legal boundaries to give me a sedative without knowing my medical history?

 

[ALawyer]

I think you have to get a grip on reality and your life. You should be grateful that you are alive, and quite frasnkly no one will believe you had "only two drinks" (unless they were whoppers). As for the cut on your head and giving you medication, I am sure that you would not have wanted the police to have just left you in the car to die. Show some degree of understanding and humility and gratitude or I promise the attitude will poisin any prosecutor, judge and jury member.

Saying that, I also urge you to defend yourself from criminal charges. Each state has its own laws on presumed consent to blood tests. You could seek to surpress the results of the BA test if it was illegally done. But, without knowing the state ot facts, I would bet that the police and medical staff will say you consented or it was done as part of overall testing because of fear that there was a serious medical condition -- and having to pry you out with the Jaws of Life and Fly you to a hospital why you were out of control suggests it was. And there was probably the smell of alcohol on your breath.

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