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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26767
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was assaulted at the club and had alcohol in my system. They

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I was assaulted at the club and had alcohol in my system. They didn't make me blow on the scene, I wasn't arrested and went to the hospital the next day. They drew my blood could the detective find out and get me in trouble if they tested for alcohol?
Hi Jacustomer,

Are you under 21 and that's why you're concerned?

Use the reply tab below.
Customer: replied 3 years ago.

Probation, sorry.



If you waited til the next day before going to the hospital and getting the blood drawn, it is likely that the alcohol would be out of your system anyway.

However, here you're a victim and not the defendant and you're over 21. So there would be nothing irregular in your having alcohol in your system when you were in a club and no particular reason for law enforcement to want to check back on the results of a blood test.

If they did and they had a reason to discover that you were on probation, well, yes, they could report you to your PO, who could lodge a technical violation against you.
Customer: replied 3 years ago.

So I shouldn't tell the detective I'm on probation?


You never have to incriminate yourself when you talk to a police officer. That's your 5th Amendment right. If he doesn't ask, I surely don't suggest that you volunteer the information.

It's not illegal for you to drink, however, so he can't arrest you for it and he may not even ask. But like I said, he could choose to notify your PO who could then lodge a technical violation.

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