Is it legal to charge me with a dui? What are my rights?

Asked about 3 years ago - Rock Island, IL

I was standing by my vehicle observing a stopped vehicle. The officer walked over to me claimed he smelled alcohol I took 3 breath test, eye test then taken to er for blood draw. I never saw the results from the breath test nor did the office say I failed the eye test. I received documentation stating that the result of the breathalyzer was .104, slurred speech blood shot eyes. If the breath was that amount, why did he send me to the er for a blood draw?The courts is stating that the blood was .120(alcohol swab was used)how I can I obtain a copy of the results myself. The officer never offered to give me a request for hearing form, I didn't know it existed. The officer who wrote the report and tickets isn't the officer who approached me and made me do the tests.They keep continuing court.

Attorney answers (3)

  1. Owen David Greenberg

    Contributor Level 14

    Answered . You need an attorney. If you cannot afford one, request the public defender be appointed.You can go to jail on a dui.

  2. Donald John Ramsell

    Contributor Level 14

    Answered . It is very difficult to try to defend yourself for a crime as serious as DUI. Further, just like pilots don't generally train other people how to fly planes without attending a flight school, lawyers won't teach you how to practice law without attending a 3 uear law school and the appropriate training thereafter.

    You will need to do your own research in a law library of you want to do the entire case on your own. Also, some of the forms you might need will be at the clerks office.

  3. Michael J. Helfand

    Contributor Level 16

    Answered . Look for an attorney who has a lot of experience defending DUIs. They are in the best position to present any defenses you may have. A DUI conviction stays on your record, affects your insurance rates, and costs a lot of money in the end. If you need a referral, feel free to call. I can recommend an attorney in your area who should be able to help. Initial consultations are generally free. 1-800-517-1614. Good luck.

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