Ask a Lawyer and Get Answers to Your Legal Questions
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
I'm not sure what you are asking and your facts. Can you rephrase?
Yes, they can suspend your license for refusing a blood test. It's not automatic if you agreed to the breathalyzer but they can ask for it to be suspended and you then have to defend it.
The reason they do it, and the way they will explain it to the driver's license judge, is that they believed you were under the influence of drugs as opposed to alcohol, which doesn't show up on a breath test only on a blood test.
However, they aren't entitled to just ask for it if they can't connect you with operating the vehicle. That, however, is a defense you will have to assert.
To suspend your license they will have to prove that you were operating the vehicle at a time relevant to the request for the test.
If you need me to explain it further or in a different manner let me know. This issue is a little confusing since it is involves several different concepts of law and depends on what the police contend and what they can prove.
The agreement to take a blood test doesn't extend to your license when you're not driving. They may be able to get it temporarily suspended but you should win the hearing if they can't prove you were driving or a reason they would have assumed you were driving.
It is not illegal for you to ride to the jail with the K-9 dog although it is usually against the department policy.
The "license contract" isn't a blanket agreement to take your blood at any time. It must be tied to your driving privileges somehow.
I think you have an excellent chance to beat this since there is no justification for their request for you to take the blood test.
I am about to sign off for the evening but will be back on tomorrow morning.
If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.
Of course, please feel free to ask any follow up questions in this thread.
It's my belief that if you have a lawyer who doesn't believe in your case then it's usually better to get another one although the judge may not agree to give you another court appointed one so that might mean having to hire your own.
Once the lawyer knows you're serious about going to trial then they will likely do a good job of preparing, it's just that many lawyers don't do a lot of trial work no matter what they may make you think.