QUESTION

If my blood drug test already resulted to negative, can they still take it somewhere else to be retested?

Asked on Mar 28th, 2013 on DUI/DWI - Wisconsin
More details to this question:
My blood drug test was negative. It was drawn on July 17, 2012. Now, it was sent to another state for another test and to this day they don't have the results. I didn't take them, the passenger did and who said I did. Shouldn't there be results by now? Is the blood even still any good having been tested already in one place?
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4 ANSWERS

Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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If your blood was sent to another laboratory and the results have not yet been returned there are two different paths you should consider. If you are currently in court on your case you should consider pulling your time waiver and setting your case for trial (especially if you KNOW there is something in your blood that will improve the prosecution's case), if your case hasn't been filed, keep your fingers crossed that the results don't come back until after July 17, 2013 when the statute of limitations for misdemeanor prosecutions expires. You should discuss this with your lawyer, if you don't have a lawyer, you need to consider hiring a DUI defense attorney, there are some facts that should help you get a good result.
Answered on Apr 09th, 2013 at 7:45 PM

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Automobile Attorney serving East Lansing, MI at Nichols Law Firm PLLC
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Yes. that's the lab's protocol ONLY if the officer asks for additional testing. Otherwise, they test it for alcohol first and then stop if the alcohol level is over the legal limit. If the alcohol level is not over the legal limit there is a form that the officer checks that may lead to further testing or the lab supervisor may speak with the officer about the case. If your blood was drawn under "implied consent" then you should thinking about sending the lab a letter and withdrawing consent for further testing.
Answered on Apr 01st, 2013 at 12:57 AM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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Yes, blood can be retested. However, you've got a good defense regardless of what happens: there's already been a negative test, conducted by the government no less. Do not talk to the police without a lawyer and hire an attorney if they bring charges.
Answered on Apr 01st, 2013 at 12:10 AM

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If the blood was maintained properly, it can be used for subsequent tests. If the second test should show the presence of prohibited drugs, you can still point to the first test to raise a doubt.
Answered on Apr 01st, 2013 at 12:08 AM

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