Asking for a Blood Test is Not a Refusal

Many people arrested for operating while intoxicate have some idea that they have a right to obtain and independent test but they are not exactly clear on what it takes to exercise that right.  Fortunately, for a client of attorney Matt Lindholm, police officers also don’t entirely understand this right.  Thus, when this client was asked to provide a breath sample and he asked if he could get a blood test, the officer’s decision to consider this request a refusal was not a legally valid and enforceable refusal as he should have explained to the client the right to get an independent test instead of just considering his actions as a refusal.  As a result, the breath test “refusal” was suppressed from evidence which saved the clients driver’s license and the client was able to avoid a conviction for operating while intoxicated.