Probable cause/ Blood test

[woodykas]

I think you can try to beat it this way - pay to any Center of Alcohol Studies (for example CAS at Rutgers University) for examination and research, and if they will determine that you de-facto is not really intoxicated with your BAC - you can then try to fight this charge.

of course it is not a cheap way.

 

[sandyclaus]

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.

Here is some positivity - you got caught before you seriously impacted someone else's life - by getting into an accident in which one or more victims died. You are only looking at an OWI, NOT vehicular manslaughter or murder (because you are a repeat offender).

You got the opportunity now to see just how serious your drinking problem is, and you have a chance to make a change in your life for the better. Don't make things worse by trying to look for excuses here to absolve you of your responsibility and guilt.

Admitting you have a problem is the first step to solving this. Accept the consequences of your actions and get yourself into treatment for your addiction.

 

[CdwJava]

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.

That's not invoking your right to have the blood drawn by the police to be tested by you later, that's simply making a statement that you intend to get tested when you get released.

 

[CdwJava]

I think you can try to beat it this way - pay to any Center of Alcohol Studies (for example CAS at Rutgers University) for examination and research, and if they will determine that you de-facto is not really intoxicated with your BAC - you can then try to fight this charge.

of course it is not a cheap way.

And since the section violated likely requires only that the BAC be at or over .08, it would be an expense that would avail absolutely nothing.