The Police Did Not Read Me a DUI Test Advisement
No constitutional or common law requirement compels the police to give such advisements. These advisements, and the requirements to give them, come from state statutes. In some states, the law enforcement officer asking you to give a breath, urine or blood sample for the purposes of scientific testing under the DUI implied consent statute must give you a very formal, pre-formatted advisement or explanation of your rights.
In other states, instead of a strict, formatted advisement, the officer must cover a list of items or steps for the implied consent issues to be covered adequately. In Texas and South Carolina, you must sign a form acknowledging you have been informed of your rights if you refuse to provide a sample.
The importance of this advisement is at least two-fold to you as a DUI-DWI defendant. First, the words coming from the officer give you some idea of your rights and your testing obligations. However, this statement does not inform you of all of your rights, nor is the topic or subject matter commonly known to the average citizen.
Hence, its meaning is not fully understandable to most people, especially if they are not afforded access to legal assistance before deciding what to do. Typically, the police officer has little or no more knowledge of the meaning of this formal statement than you do, and any explanation they try to give you cannot be relied upon. In fact, his or her verbal “interpretation” of what the warning means can cause the implied consent warning to be misleading and legally defective.
Second, if a requirement exists in your state to give such an advisement, if the law enforcement officer failed to give it to you, or gave it in an incomplete or inaccurate fashion, any test results which were obtained after this flawed advisement may be excluded from evidence at trial after the issue is raised by way of a motion in limine by your DUI-DWI specialist. The general rule is that if a warning of the consequences of refusal is required by statute and is not properly and timely given, you did not commit an implied consent violation.
In addition, the warning must be given by the proper person. Without these test results, most DUI-DWI cases fall apart and the charges against you may well be dismissed or reduced. We are experts at resolving these cases in your favor. Call and speak with a local DUI lawyer near you at 1-888-839-4384 now.