How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JD Your Own Question
JD, Lawyer
Category: Legal
Satisfied Customers: 1335
Experience:  Over 11 years in practice as a litigator ... civil and criminal
Type Your Legal Question Here...
JD is online now
A new question is answered every 9 seconds

I was in an accident on Jan8 2010. Apparently once I hit the

Resolved Question:

I was in an accident on Jan8 2010. Apparently once I hit the 18 wheeler I was unconcious because all I remember is wakin up in the hospital 6 hours later and being released the next day I found a statutory warning for refusal of breath / blood and a notice of license suspension in my purse. It had an arrest date but I was never arrested and one sheet said it was given to me on 1/10/10. Which was 2days later. Now I'm receiving letters from state of Texas of suspension and how to request a hearing. How should I handle this case? Please help! I will greatly appreciate any advise you can give me on this case.
Submitted: 6 years ago.
Category: Legal
Expert:  JD replied 6 years ago.

You need a lawyer. I find it ridiculous that someone injured as badly as you were injured has been charged with refusing to provide a blood sample upon demand by law enforcement. While you are deemed to have consented to having a blood or breath test if you are arrested for DUI in Texas (and most every other state), if you were not arrested and charged with DUI and you were not conscious during the investigation it would be impossible for you to refuse a sample.


At this point you should act as if you were being prosecuted for a crime... because you are. You need to remain silent about the events and immediately seek out the representation of a local criminal attorney. Your attorney will thoroughly evaluate the state's case against you, interview any witnesses, obtain your medical records, inspect any video or audio recordings made at the scene, and research any applicable laws. Once his/her investigation is completed he/she will be in a good position to give you advice on how to proceed. Obviously the clock is ticking and you should not delay.


Please reply if I can help further.



Remember to click ACCEPT only when you are satisfied with your answers. This is how we get paid for our time with your questions. I would also appreciate any positive feedback you could provide. If you are not satisfied then please reply to me so I can further assist you or find someone else to help. I am not your attorney. Therefore no attorney-client relationship exists and any communications on this website are not subject to the attorney-client privilege. For this reason, please do not divulge any personal information and use this site only for hypothetical questions. This forum is for general questions and answers and I cannot provide you with applicable law or legal opinions or advice in your jurisdiction. Please seek the advice of a competent attorney in your jurisdiction. While I can answer general questions and discuss general legal principles, I cannot give you legal advice in your state. The internet is a great place to get general information but should not be seen as a substitute for the attorney-client relationship or the services of a good lawyer in your state.

JD and 9 other Legal Specialists are ready to help you

Related Legal Questions