I was arrested forDWI and did not blow but the officer got a court ordered blood test; if the test result is under the legal limit will the charges be dropped?

Asked on August 25, 2011 Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were arrested for driving under the influence of alcohol or a controlled substance and you did not voluntarily agree to a "breath test," a blood test was ordered and taken, charges for violating your state's laws for driving under the influence of alcohol could still be pursued against you even if the blood alcohol results are below the legal limits to be deemed under the influence IF your state has a subjective law to pursue such a charge like California does.

In California, a person can be charged for driving under the influence of alcohol or a controlled substance if the arresting officer observes the driver of the vehicle weaving, driving without lights, the stopped person fails a field sobriety test as well as other objective factors such as blurred eyes, slurred speech and inability to walk a straight line.

Your state may also have implied consent laws for driving a motor vehicle requiring one to voluntarily submit to testing based upon suspicion of driving under the influence and if one fails to do so, there are penalities resulting from such proven failure.

Good luck.

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