dui on a four wheeler?

[nowayout4670]

What is the name of your state? Tennessee

Recently my friend was hit by a car coming down the road while he was riding his 4 wheeler. He was riding on a trails at an atv park that were marked improperly and wound up in the road in front of and oncoming car. He was hit from the side and had to be transported to the MED where he was unconcience for a week. He had been drinking but he doesn't remember anything about that night so he doesn't know how much. With out having any test done due to the fact that he was not awakw when the cops got there they gave him a DUI and a ticket for riding an ATV on a public roadway. I know it is legal to cross the street on a 4 wheeler as long as you are not driving down it but cn they actually give him a DUI on the 4 wheeler seeing as how they didn't take a test? Can they request the records from the hospital? What are the chances of him getting out of this? Should he contest it or plead guilty? Any knowledgeable info would be helpful.

 

[HomeGuru]

What is the name of your state? Tennessee

Recently my friend was hit by a car coming down the road while he was riding his 4 wheeler. He was riding on a trails at an atv park that were marked improperly and wound up in the road in front of and oncoming car. He was hit from the side and had to be transported to the MED where he was unconcience for a week. He had been drinking but he doesn't remember anything about that night so he doesn't know how much. With out having any test done due to the fact that he was not awakw when the cops got there they gave him a DUI and a ticket for riding an ATV on a public roadway. I know it is legal to cross the street on a 4 wheeler as long as you are not driving down it but cn they actually give him a DUI on the 4 wheeler seeing as how they didn't take a test?

**A: yes. The hospital has his blood test results.
************

Can they request the records from the hospital?

**A: yes.
***********
What are the chances of him getting out of this?

**A: slim.
***********

Should he contest it or plead guilty? Any knowledgeable info would be helpful.

**A: tell him to ask his attorney. Does he have a record?

 

[firemanup]

He needs an attorney, but more than likely i'd say his chance are better than slim.

You state that they didn't take a test? Don't assume, make sure. Did the hospital do an ETOH test, this is blood alcohol?

If they didn't his chances are better. Did the officers request and obtain a blood alcohol test from the hospital? If they did chances go back to slim.

In most states there is a significant difference between a medical blood alcohol test and a legal one, primarily due to chain of custody issues.

When I was in law enforcement for a legal blood alcohol level to be taken by blood on someone unconscious an officer had to be present and witness the draw.

Back to the beginning, he needs a lawyer.

Just my opinion based on my experience of arresting many drunks.... uhhhhhh i mean intoxicated/impaired people.

Jason

 

[nowayout4670]

You state that they didn't take a test? Don't assume, make sure. Did the hospital do an ETOH test, this is blood alcohol?

***I don't know if the hospital did the test or not. I would assume they would have to inorder to work on him but I dont know. But the cops didn't. If the hospital did the test when he arrived and he was still drinking near the time of the wreck couldn't his BAC rise and that help his chances?

If they didn't his chances are better. Did the officers request and obtain a blood alcohol test from the hospital? If they did chances go back to slim.

***We have no idea yet. He hasn't been told any of this.

When I was in law enforcement for a legal blood alcohol level to be taken by blood on someone unconscious an officer had to be present and witness the draw.

***I am almost positive that there was not an officer present at the hospital.

***What about the fact that he wan't actually riding down the road? Will that help him any since he was just crossing the street?

thanks