Is my consented, blood drawn BAC the only evidence?

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Is my consented, blood drawn BAC the only evidence?

I was in an accident, no other motorists involved. I was taken by ambulence to the ER and never had a chance to speak to the officer that came to the scene. I waited through sunday for the information desk to open at the PD, but only to find that the officer had left the police report incomplete with no charges against me, yet. He wont be back until Thursday and I’m curious as to what to expect that day. Warrant for arrest? I spoke with an officer while in the hospital, not sure if he was the same one from the scene, who mentioned to me about getting a wreckless op. charge but didnt say id get

Asked on June 22, 2009 under Criminal Law, Ohio

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you consented to the blood being drawn to test your BAC, it's admissible evidence, and under most states' laws, a BAC of .08 (or in a few places .10) is DUI, no matter how you were driving.  It's not at all unusual for a reckless or careless driving charge to also be filed, but often if you plead guilty or sometimes even if you are tried and found guilty, you will only be sentenced for the DUI.

The law and procedure on this subject does differ from one state to another, and the unique facts of your case, including those you haven't mentioned here, are important.  For advice you can rely on, you need to discuss the matter with an attorney in your area.  One place to find a lawyer is our website, http://attorneypages.com


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