Asked 7/21/17 – Bastrop, TX

My driver’s license recently got suspended for a DUI I did a sobriety test I am disabled on the side of the road with a neck brace on my chest was in so much pain I’ve broken many clerical bones because of the airbag and I had glass in my feet I was wearing moccasins I thought I did very well during the cleanup and the investigation of the car accident that I was in I asked the 2 law enforcement’s that made me do the sobriety test if I could please give blood or urine so I could prove to them that I was not messed up or drunk I’ve got to go to my mom’s to help her she watches 2 disabled family members I wanted to give blood or urine so I could leave and help my mom i went to the hospital they took blood at my request it came out negative for alcohol i went to jail they took blood again it came out with very little amount of pain medicine that I take because I’m disabled had 7 back surgeries have to stimulators law enforcement told the judge I refused the video tape clearly shows I did not refuse I requested many times how is it possible I lost my driver’s license can someone please tell me someone please help me I respect the law I would never refuse that’s why I did a sobriety

Answer

1) Driving While Intoxicated does not have to mean intoxication by alcohol. Intoxication means not having the normal use of your mental and/or physical faculties due to the introduction of an intoxicant into your body, which includes prescription medication. 2) The issue of whether you agreed to submit to a breath or blood sample at the request of a detaining officer is a question of fact. At the time of your arrest, you should have been given a notice that informed you of the right to have a hearing on this matter. The request for the hearing must be made within 15 days from the event. Bring whatever paperwork you have on this matter to a local attorney for review.