A friend was arrested for DUI. Refused to take the breathalyzer test, and requested a blood test. The lab tech at the county jail was unable to collect blood after 2 tries, so my friend said, no more. Would that be considered refusing to submit to a test? Does that mean there is no evidence of being intoxicated?

Yes that is refusal, while the jail should have sent him to the hospital.

First this can be good and bad, for the bad, his drivers license will most likely be revolked by statue for refusal of the breath test and then refusal of the blood test. *** it is common to have to try several times, and sorry esp if the person is drunk.

Now for the good, the arrest will not be based on what the officer saw, heard and smelled. I have made convictions without any other tests on just what I witnessed so it can be done, but it is much harder

They can stick you with a needle as many times as they want until they get a sample?? At what point would it cross the line from "refusing"... to cruel and unusual punishment?

Well it can take 6 or more for them to get blood from me, and that is me sober and sitting still.

If you said 10 times and they could not get it, I would say he may have some grounds to go on.

This thread is 2 years old and should be closed.