QUESTION

Is there a maximum window a blood toxicology sample may be obtained after a crash?

Asked on Dec 16th, 2016 on DUI/DWI - Colorado
More details to this question:
Blood toxicology was obtained 8 hours after my single party car crash. Is this admissible for a DUID? I had taken meds after driving.
Report Abuse

1 ANSWER

Criminal Law Attorney serving Boulder, CO
3 Awards
The longer between driving and blood draw, the harder it is to associate the result to the time of driving. This is especially true after a crash where medical attention is given due to the body?s response to trauma and drugs given during medical procedures. The biggest caveat is that different drugs will react differently to these inputs. There is case law that suggests 6 hours is admissible, not sure the drug. Even if admissible, then question is the value of the evidence. It might be very low. This should not cause you an immediate DMV suspension either way. A quality DUI attorney can provide more specific analysis with more information.
Answered on Feb 16th, 2017 at 5:51 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters