Error on the blood test concent form

UPDATED: Jun 2, 2009

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Error on the blood test concent form

Hi !! My Husband got arrested for DUI first offense. He is 52 and This is the first time he has ever got into trouble with the law. Here’s our question. On the pink form he got when he was released, it has marked that he consented to a blood test and refused a blood test. When he went down to the Jail and asked about it, a Deputy told him that they would probably throw it out of court for his officers mistake. Do you have any idea what he meant by this ?? Thanks so much !!

Asked on June 2, 2009 under Criminal Law, Tennessee


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The fact that this is your husband's first arrest will be of help.  He will probably be offered some form of alternative sentencing.  However, I am getting ahead of myself.  Quite frankly, you my have gotten lucky here with the error on the consent form.  What you need to do is to speak with an attorney that specializes in DUI cases.  This area of the law has many technical rules that need to be complied with in order to obtain a successful conviction; just violating one can lead to charges being dropped or reduced.  An experienced attorney can be invaluable, particularly in a case such as this.

Most people fail to realize is that a DUI conviction will result in their having a criminal record which can turn up on employment background checks.  It will also result in much higher insurance premiums.

Again, find an attorney in you area.  Whatever he/she can do to minimize the penalties will be well worth any upfront cost. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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