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bre4uask · May 6, 2009, 01:02 PM

Last Night I was arrested for DUI. I am 19 years old and I got pulled over in Jerome Idaho for going 5 miles over the speed limit. I consented to a Bac and blew a .065 and a .059 After I blew twice the officers took me to the hospital to draw my blood, I told them I wasn't going to sign the consent papers, they drew my blood anyway. I am wondering if that was a violation of my rights, and if so what I should do about it? Please help!:confused:

N0help4u · May 6, 2009, 01:08 PM

Nope, nothing you can do about it unless you want to pay a really good lawyer and take it to a high court. BUT you will lose anyway cause
A. You are only 19 (I doubt legal drinking age in your state.
B. They do not have to have probable cause to pull you over any more and even if they did they would most probably claim they pulled you over for weaving.
C. They did the same thing to my boyfriend one year ago (May 2008) and even though, I know, it feels like a violation of your rights the law seems to stick together and you most likely loose because as the lawyer told him, "Who do you think the Judge is going to believe you or the policemen?"

All you can really do is get your lawyer and pay whatever they say.
They even searched his car without telling or asking him and then had it impounded as they dragged him to the hospital. Then to top it all off, not only did he have to pay to get his car back he had to pay the hospital bill as well as the fine. OH and he hadn't even been drinking!

ScottGem · May 6, 2009, 01:15 PM

If, your rights were violated, it would simply mean that the results of the blood test could not be used against you.

However, the on site tests indicate you were drinking. So maybe they can't prosecute you for DUI, but they can for underage drinking.

So you are kind of stuck.

Sunflowers · May 6, 2009, 01:22 PM

No your rights were not violated. In Idaho it is illegal for anyone under 21 to drive with a BAC of .02 percent or higher. You need to hire a lawyer and request an administrative hearing within 7 days if you want to avoid mandatory penalties and minimize your punishment.

bre4uask · May 6, 2009, 02:28 PM

Yes he had a right to pull me over but did the hospital have the right to take my blood without my consent?

Sunflowers · May 6, 2009, 02:47 PM

Yes, in Idaho when you accept your drivers license you are effectively implying consent. If you hire a lawyer he can argue the issue of consent in court for you.

N0help4u · May 6, 2009, 03:21 PM

Yes they have the right to do pretty much anything now and it is hard to prove them wrong.

ScottGem · May 6, 2009, 03:42 PM

Originally Posted by bre4uask

Yes he had a right to pull me over but did the hospital have the right to take my blood without my consent??

Whether they did or didn't is not a real issue. Even if they didn't what do you think that gets you?

Sunflowers · May 6, 2009, 04:03 PM

Sorry I have to say a little more to you. You know hiring a lawyer is very expensive. You know you are in trouble even if you hire a lawyer. Drinking and driving is not only illegal it is also just plain wrong. Stop trying to focus on whether your rights were violated because when you decided to drive after having drank alcohol you violated the rights of every other person on the road. I hope this is lesson enough for you to never do it again. The punishment is going to hurt and it is supposed to. A very large percentage of fatal accidents are caused by people who drank then got in their car and drove. Even if your licesnse is only suspended for 180 days or even if you have to go to jail, as far as I'm concerned, you will have gotten off easy. Please don't ever do that again! Sorry if that sounds harsh, but I'm glad you didn't kill anyone or get killed.