If I was arrested for suspicion of DUI and opted for a blood test, do I have any grounds for dismissal should my blood tests come back as below the legal limit?

After a 2 hour booking process, I blew zeros. I have never been in any sort of legal trouble and believe I was under the legal limit, was not pulled over for speeding or driving erratically, but for having a head light out. After admitting to having 2 beers at a football game 4 hours prior to being pulled over, I was asked to submit to roadside sobriety tests. It was night time, below 40 degrees and I was wearing shorts and a T-shirt. I was nervous and shivering when performing the tests and believe that is why I “failed” the tests.

Asked on October 6, 2014 under Criminal Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you don't have grounds to have the case dismissed if you have evidence which contradicts the state's evidence: dismissal is for when there was something inherently flawed about the arrest, such as (when entry is made on a warrant) an improper warrant. What you have is evidence that you can use in court to help show that you were not in fact DUI. To do this to best effect, hire an attorney to help you, to make sure you get this information before the court (if you don't introduce evidence properly, it is inadmissible).

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