Friday, July 31, 2009

Can you be convicted of DWI even if your blood test came out clean for drugs and alcohol? This is in Staffor,?

The officer said i weaved on the road. I was on my cell phone and i dont believe i was weaving. He ordered me to get out of my car and I do have a bad back i told him. He gave me the numbers test which i passed on the FST and I believed i passed the A B C test but he said I missed P and Q. I told him I didn't have anything to drink nor did i take any drugs. He still wanted me to go through other test even though i have weakness in my left leg and all. This was all done on a hill as well. I told him i would agree to a breathlyzer test and a blood test. He told me to blow but didn't tell me how hard so i blowed and the top came off. I still agreed to take it again anyway. I blew a 0.00 after telling him i didn't want to take any more test that i was tired he still wanted me to take more test. Then they took me to get my blood drawn and it came out 2 weeks later that no alcohol or drugs of any kind that they tested me for was in my system.

Can you be convicted of DWI even if your blood test came out clean for drugs and alcohol? This is in Staffor,?
A blood test would supersede a field sobriety test in court. You could have been cited for distracted driving, but you have to BE under the influence to be convicted of a DUI or DWI.
Reply:that is the problem most states have changed there laws to be driving while impaired. so it is up to the officers discretion as to the impairment Report It

Reply:Were you ever arrested? If so you may have a civil action against the city for false arrest.
Reply:If the test proved negative then you have nothing to worry about. If you have stopped at I don't want to take anymore tests, they where you could have gotten in trouble. But I wouldn't worry to much about it.
Reply:If the tests came out negative, the officer has no evidence that you were intoxicated, and I can't imagine what court would convict you. He can still get you for weaving and improper lane usage, but this is a lot less serious than a DUI.
Reply:you don't have anything to worry about
Reply:Most of the time, yes. Usually laws interpret DWI as impairment OF ANY KIND. That means cell phone, fast food, changing the radio station, yammering toddler, whatever. You drove while something was distracting you. People do it all the time, but it's dangerous nonetheless.


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