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QuestionCountry: United States of America
Is it self incrimination, asked by a police officer, while being attended too in a emergency room, "have you drank today, how did you get here(hospital)?" "yes earlier in the day(last drink 3.5 hrs ago), I drove." After the emergency surgery and being released, officer informed that I was under arrest for DUI, and would I give a breath test?" I blew three times. Officer stated that I "didn't blow hard enough, will you give blood test?" I rolled up my sleeve of my shirt, he said I refused, had me sign a paper stating I refused to take test. I signed the paper stating that this was under duress, to which he tore that up and made me sign another, "or you will lose your license." I was able to win DMV hearing and have my license, but still have to go to court. Have my rights been violated? The officer never read me my rights at any time, even after I was ocked up.
AnswerHe did not exactly handle your situation correctly but he can ask if you had been drinking--we think a DUI lawyer would likely get this thrown out however...it cannot be proven you were drunk when driving...
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