Error on the blood test concent form

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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

Answers:

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

Answered 12 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. 


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