First dui

[tflip21]

1. A PBT is not a breathalyzer.
2. They had a warrant for the first blood sample. The second sample may not be covered by that warrant. It is an issue that is worth exploring.
3. Just because they had a warrant to draw blood doesn't mean they had a warrant to search that blood. It is worth exploring.
4. You basically negated the blood issue by consenting a breath test the next day. It is a simple mathematical regression from your .04 to the BAC at the time of arrest.

Get an attorney and listen to him or her.

TD

1.) I thought a PBT portable breath test(breathalyzer) I took one and refused a second one.
2.) nothing to say I agree with you
3.) The warrant says they could perform chemical analysis testing.
4.) Idk if they wrote the .04 down are anything a guard would just periodically come to the holding cell and ask me to take the test.

 

[tflip21]

I went back a rewrote most of the police report do there is more details

 

[Zigner]

I went back a rewrote most of the police report do there is more details

I really don't know what you want to hear from us. Listen to your attorney. Really.

 

[tflip21]

I really don't know what you want to hear from us. Listen to your attorney. Really.

I am going to... I really don't expect anything. I was just curious to see what people had to say about the situation.

 

[FlyingRon]

I see nothing relevant in that article to this situation. It addresses searching blood that was obtained separated from the body by other than a warrant, such as blood drawn to treat you in a hospital, whether they can test it for tihngs against you (sort of like going through someone's garbage).

 

[quincy]

I see nothing relevant in that article to this situation. It addresses searching blood that was obtained separated from the body by other than a warrant, such as blood drawn to treat you in a hospital, whether they can test it for tihngs against you (sort of like going through someone's garbage).

Are you referring to the article I included on blood privacy?

After I provided the link, tflip21 said the warrant obtained for the blood draw was specific to chemical analysis testing on the blood. There is no issue with warrants for blood draws if the warrant has these parameters. There could be an issue with a warrant that does not place limits on what can be done with the blood once drawn.

The same goes for warrants on computers and whatever. Warrants must be specific to what is being searched for or tested. The searches/tests cannot exceed these boundaries; they are not limitless.