DUI in Alabama

Hello,

Afew days ago I was in a car wreak. I was taken to the hospital where I was treated during my examination I was asked for a blood test and urin test to make sure that nothing enternaly was wrong. I was then given morphin for the pain and set to go. A state trooper who I have known for a really long time came into my room and told me that he knew I had been drinking so I needed to be honest I was and he asked me to give a breath test on a hand held breathalizer. After the results which were .13 he said that he was not going to arrest me but he was going to give me the citation for DUI. But he told me that when I got to court to plead not guilty and a new trial date will be given and on that date he would meet with me and he would get me to take some treatment program and the DUI wouldnt go on my record. My questions are.

Can he get the result from my blood work without my consent or knowledge?
I was never told that my blood and urin were going to be checked for alcohol and it may not have been.

On my citation the BAC is not on there it simply says N/A.

The hand held breath test was given to me after I was on morphin and was never informed of my right to refuse plus under the influence of a powerfull pain reliever.

I was never placed under arrest for DUI just given a citation?

So I guess what I'm woundering is do I need to spend the money to get a lawyer? do I even have a case to fight it. Can I ask for a public deffender and or can I just trust the officer on his word?

Help would greatly be appreciated. Thank You

The officer is an officer of the court and his obligation lies with the same. What he is describing to you is NOT legal. He has no authority to tell you how to plead, nor does he have he right to assure you that it wont go on your record. The fact he is a friend or someone you know should not affect the reality that you were driving impaired. And the blood and urine test were testing for everything---alcohol included. You don't have the right to keep those tests results from the authorities, or the insurance company. And, morphine does not affect a blood alcohol test.

The officer who told you to plead not guilty is not being honest with you. One obvious point he is missing--if you plead not guilty and there is a TRIAL---guess what PROOF THEY HAVE and who will be the states witness against you??? THE COP who administered the test will TESTIFY against you and you can and will most likely be found guilty. The cop said whatever he had to say in order to get you to comply.

HE told you that to get you to COMPLY and take the test.

Police officers do not have to tell you the truth. There is no law that says he has to be truthful with you. So, when he tells you that you won't be arrested, he is under no legal obligation to be telling you the truth.

You need an attorney before the proverbial other foot falls.

The item falling is supposed to be "the other shoe".

What Grace is telling you is accurate. The police can lie til the cows come home and whatever you think is fair is not accurate. It is whatever they can get you to admit.

The fact that you spoke to him after a round of morphine gives you an out on being quoted by him. THAT is definitely an impaired condition. But your blood test can be subpoenaed. You could, however, get a copy of the blood test just to relieve your mind on what they will bring to court.

Do NOT volunteer any more information. Get a lawyer. See if he can plead this down. The fact that you were hurt indicates that you were doing some reckless driving. Maybe you can get it stopped at that... but better yet, go to some alcoholics anonymous meetings and see where you could be heading. It will be an eye opener.

Here is a great article on DUI Issues: DUI Breathalyzer Lawyers