where to obtain bac results?

[hi5inferno]

What is the name of your state? tennessee
got pulled over the other night really late doing 85 in a 70..i have a lead foot..anyways earlier i was out had some beers or whatnot..felt okay to drive and went home..yes i was speeding..but in no way was i buzzed or anything.. i know my body and my limits.i know people say that..but i know when not to drive..anyways the trooper smelt beer on my breath..duh..and asked if i had been drinking.. i said yes and told the truth to cooperate.. i said a couple ..he gave me the fsb ..i felt i did good on it..he says i didnt..then he askes me to take a breathalizer test i say sure and comply.he then comes back after making me stand for like 10 mins outside..then says he is arresting me for driving drunk and he is going to arrest my wife also for allowing me to drive drunk..??? thats new to me..so on the way he drops off my wife first..never asks for her to take any test and puts her in jail..then the officer drives me to the hospital and we sit in the car for about 30-40 mins waiting for the trooper to get to us..he says his battery went dead and he almost didnt make it or something..i get to the hospital and almost piss myself because they wouldnt let me go to the bathroom or whatever until the trooper got there.. i take the blood test blah blah..okay so this is what i want to know if anyone can explain to me..1) where to find out my bac test results because they said they would give me a form or something after getting bailed but never gave it to me 2) whats the deal with my wife getting arrested? and is that common?and should i contest? 3) if my bac test is less that .08 should i still get an attorney? also the officer asked me to take a breathalizer test first and then on the way to the hospital says im taking a blood test and they dont do breathalizer tests? uh..very surreal..anyways thanks for any comments.

 

[snostar]

Contact the police department, get a copy of the police report, it should have the breathalyzer result on it. Was the blood test for drugs? What was your wife charged with?

People in TN should be forced to use public transportation; you're maniacs on the road! I am almost totally convinced it is a completely backward state.

 

[TYRIS]

QUOTE]1) where to find out my bac test results because they said they would give me a form or something after getting bailed but never gave it to me[/QUOTE]

-Your test results will be in the report. Your attorney will have to get a copy of it. Most agencies do not give out reports to people who are suspects within the report.


2)

whats the deal with my wife getting arrested? and is that common?and should i contest?

-I've never heard of someone getting arrested for allowing another person to drive DUI, but it may be a law in your state. Your attorney could tell you better. Also, you have no standing to contest this arrest, You were not the one arrested. If your wife wishes to contest the arrest, then she will have to get an attorney and fight it.


3)

if my bac test is less that .08 should i still get an attorney? also the officer asked me to take a breathalizer test first and then on the way to the hospital says im taking a blood test and they dont do breathalizer tests?

-You should always get an attorney or a public defender pending on your financial means. Was the breathalizer test done at the time of the stop? If it was then it was only a preliminary alcohol screening test. You still have to perform a blood or breath test as required by law. Were you offered the choice? Depending on the situation, if a breath test was not available, then you would be required to take a blood test but I have heard of situations where someone has taken both tests.

An attorney from your state would be able to better answer most of these questions.

Tyris

 

[hi5inferno]

my wife was literally charged with allowing me to drive drunk..the trooper asked me if i wanted to take a breathalizer test and i said sure if i have to..he said if you have to huh? i wasnt being sarcastic or anything...i didnt feel i had anything to worry about..i just wanted to do what i had to do, get my ticket for speeding and get home and go to bed before school. so i signed a consent form which i was understanding to be for a breathalizer and before i know it im getting arrested and brought to a hosptial for a blood test? just seems strange to me. because when i asked the officer what about the breathalizer test, he said "oh we only do blood tests." at that point i was kinda mad because i felt lied to. i took the test anyways because i had no choice at that point..anyways im sure im below the limit..but just needed to get the bac results for peace of mind...do you think i am being railroaded or something just because they know i am below the limit? maybe they are just trying to get money out of me by charging my wife also? it just seems sort of dirty. i have written the whole series of events down in order and with all the dialogue i can remember that was said during the ordeal while it is fresh in my memory..is that of any use to a lawyer?.anyways thanks for the comments.

 

[hi5inferno]

oh and yes we do drive pretty fast in tennessee i must admit.hahahaa your on the money with that one...touche

 

[fagettaboutit]

anyways im sure im below the limit..but just needed to get the bac results for peace of mind...

Dude, you need to get an attorney right away. Peace of mind is one thing, but you were charged with DUI. Even a low BAC will not make this go away on its own. It's the officer's word against yours. He said you failed the FSTs. Even you didn't feel buzzed; again it's the officer's word against yours. You don't need to feel anything. If the officer says you were unfit to drive, well you are until otherwise. It's up to you to prove you weren't. Welcome to the wonderful world of DUI MADDness.

do you think i am being railroaded or something just because they know i am below the limit?

Again, it doesn't matter if you are below the limit. Once a cop arrests you, it's game on and you better have a lawyer that knows all the rules of the game. You can be perfectly sober but IF the officer THINKs otherwise, it's DUI city for ya. See the posts by "KYsassy" in this forum.

maybe they are just trying to get money out of me by charging my wife also?

I'd read where this happened to another couple. The plea bargaining came down to using one case against another. The husband had to take the full charge in order for the wife's case to get dismissed.

it just seems sort of dirty.

Yup! Like I said, welcome to the wonderful world of DUI MADDness! Prepare yourself; it'll get even more "interesting" (loose term). Here's the next dirty part, you AND your wife needs an attorney. That's double the fun(ding)! Just because you and your wife are a legal couple doesn't mean that your cases will be tried as one. Two separate charges. Good luck finding an attorney that will charge you a 2 for 1.

i have written the whole series of events down in order and with all the dialogue i can remember that was said during the ordeal while it is fresh in my memory..is that of any use to a lawyer?

Yes, I believe it will help. A good attorney will ask a bunch of questions in order to access your case. There could many issues involved in the arrest that could help your case. That's where an experienced DUI attorney comes into play. An attorney that doesn't fully understand DUI laws could be tragic. Look for an attorney that's been trained by The National College Of DUI Defense (NCDD).

I can't say it enough; get a good DUI attorney right away! In some states you only have 7 days to request a hearing for your driver's license. Don't wait for your blood test results, you AND your wife still needs a lawyer if they come back negative!

Good luck

 

[hi5inferno]

so.. okay im really poor actually..im a student and i know me and my wife wont be able to afford an attourney..itll cost like 5,000 or something huh?
me and my wife both go to school and we have a 5 yr old so.. i guess im screwed. i have 3 speeding tickets so im sure the judge isnt going to show any love for me anyways...in my state i get a minimum fine of 350 , license taken away and 48 hrs to 11 months in jail..im not worried about getting my license taken away ..because we live on campus..just worried about having to go to jail or something and getting kicked out of college..or messing up my school loans..so..if i cant afford an attorney then do i ask for a public defender on the first court date? its in january...and if i get a public defender
are they worth anything? i have heard they are pretty much useless..anyways thanks

 

[fagettaboutit]

so.. okay im really poor actually..im a student and i know me and my wife wont be able to afford an attourney..itll cost like 5,000 or something huh? me and my wife both go to school and we have a 5 yr old so.. i guess im screwed.

Yes it will cost about $5,000 or so for each. But if you can't afford an attorney, you and your wife should be able to get a PD. Screwed? Well I'm not sure about that. I strongly suggest you learn as much as possible about DUI laws in your state and in general. This will help you make an educated decision on your situation and help you push your PD to see issues in your case that might be overlooked otherwise.

i have 3 speeding tickets so im sure the judge isnt going to show any love for me anyways

If it comes out, probably not. You obviously have a problem with speeding and it's now caught up to you. I don't have to tell you speeding is not worth it. The problem is the DUI MADDness will assume the alcohol made you a less safe driver because of the fact you were speeding. Even if you speed sober all the time, this one time it'll be blamed on the alcohol consumed. It's not a question of whether you were a less safe driver because of the speeding. It's a given you were a less safe driver. But the bigger question is did the alcohol make you a less safe driver - impair your ability to safely operate a car?

...in my state i get a minimum fine of 350 , license taken away and 48 hrs to 11 months in jail..im not worried about getting my license taken away ..because we live on campus..just worried about having to go to jail or something and getting kicked out of college..or messing up my school loans..

Sorry but I can't help you here because I honestly don't know how a DUI will effect college or school loans. I would suggest you refer to perhaps a college handbook for those answers.

so..if i cant afford an attorney then do i ask for a public defender on the first court date? its in january

Yes. But it might help to consult with an attorney before that. Some lawyers charge a consulting type fee. It could be worth it to learn more of your options and to understand your case better. But be sure go to a lawyer that specializes in DUI laws and not just some person who has a law degree and specializes in criminal law.

...and if i get a public defender
are they worth anything? i have heard they are pretty much useless..anyways thanks

I've never personally had any dealings with a PD, but I would imagine plea bargaining is a big push for them. Even if it's only in their best interest and not yours. I imagine there are some PD that are great and some that are useless. I wouldn't go at this blindly and put all my trust in any lawyer. This is you and your wife's life, now is not the time to bury your head in the sand at the pity party. Educate yourself. Start with these sites: http://www.NCDD.com , http://www.tndui.com/duiinfo.html and http://www.duiblog.com. Then keep searching. You have the notes from the evening you were arrested - did the officer have an on dash video camera recording the arrest? A dui charge usually comes down to BAC results, FSTs and the officer's word. A good lawyer knows how to challenge both of those effectively.

Good luck.