Forced Blood Draw Questions

[first offender help!]

Hi, I live here in California. Last week I was driving home then suddenly my rear tire went flat which caused me to spin out of control and ended up wrecking my car. Luckily God was on my side and I came out without a scratch on me...there were no other cars or people involved. I had a couple drinks earlier in the night so of course I was most getting a dui.

The police came then the ambulance took me away to the hospital to check for injuries....I complied alll throughout the night with every request from the officer which seemed really nice. He kept reassuring me that I was doing a good job and my willingness to cooperate with everything will benefit me.

So Im at the hospital getting checked out and the officer was right next to me the entire time. He gives me a breath test twice then I was given a blood test. He then asks my permission to take video and pictures of me in the hospital bed which i agree to and I also signed the hospitals consent to take images as well as administer treatment. I have a copy.

I surrendered the license to the officer and I was given an administrative per se temp license. I noticed he marked "forced blood test" but put crossed a line over "forced". Now I went to the dmv to request a hearing within the ten days and they pointed out that I REFUSED the blood test which is innaccurate and told them I did NOT refuse but they seen that he had marked the box for "forced Blood test". Why didnt he just mark the box that says "0.08% or more BAC Chemical Test results" bc I did in fact have a .18% level. Was that a mistake on his part? Or is he helping me out in a way to not state my BAC... because he seemed as though he wanted to help me as much as possible the whole night.

Now this may be a mistake made by the officer and now I may have to deal with the consequences with the dmv. How would the dmv look at this? If they I know this may be the wrong place to ask but I dont have money for an attorney.

Please help with any knowledge or info on this type of matter...I dont need my license suspended for a full YEAR by the dmv since its my first offense.

Thanks

[RN1982]

We cannot give you legal advice as we are not lawyers and its a violation of TOS.

[*LadyJane*]

Call your county courthouse law library. The librarian there, or the court clerk's office may be able to refer you to pro bono attorney, or a legal aid office. Check with your state bar association if the prior two can't help you.

There is help available, you have to find out where it is in your own area.

[XB9S, BSN, MSN, EdD, RN, APN]

This really is something that you need to discuss with an attorney. I am afraid that it is not appropriate for anyone at allnurses to give you the advice you are looking for.