David B. Harrison
DUI Charges Can Be Dismissed if Proper Test Is Not Given
During COVID (and after) many police agencies were not offering breath tests to determine a person's alcohol level. They were saying they could only do blood tests. If a person wanted a breath test and was denied that - and marked down as a 'refusal' to take a test or even if they decided to take a blood test, several courts have determined that the 'refusal' or the blood test could not be used in court (and the DUI charge dismissed) because the person was denied their test of choice (breath). It does not always happen but it is worth pursuing if that is the situation that occured. So please hire a lawyer familiar with these issues - like the lawyers at Miller & Harrison LLC- to see if you can get the DUI charges dismissed.