QUESTION

Will they continued it aging the DUI blood test for another date if test is not in yet?

Asked on Nov 11th, 2013 on DUI/DWI - Michigan
More details to this question:
Blood test DUI continued for another court date blood test still not in if it doesn't come in before the 2nd court date then what? Will they continued it aging for another date if test is not in yet? And if blood test is lost will they wave the DUI charge?
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5 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Have you been arraigned yet? Have charges actually been filed or is the D.A. waiting for the blood results before filing?
Answered on Nov 15th, 2013 at 8:17 AM

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Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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If you have a lawyer, these are questions they should answer. If a crime lab hasn't tested your blood the prosecuting agency can continue the case until they do. If they have not filed charges then they have up to one year from the date of arrest if this is a misdemeanor DUI case. If charges have been filed, the DA can proceed without blood test results if they think they can make the case with your driving, field tests, admissions and other observations made by the investigating officer.
Answered on Nov 15th, 2013 at 7:18 AM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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If they haven't tested blood yet there's a really really good chance that when they do it will be contaminated by fermentation in the sample. This makes the results meaningless as no one can tell what if any alcohol is from drinking and what is from fermentation. Studies show fermentation can raise the BAC .10-.20.
Answered on Nov 14th, 2013 at 4:03 PM

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As long as the blood was handled properly, and the preservatives are in the vial, they can test it next year and the results should still be the same. You need to hire a DUI specialist if you want to successfully challenge the procedures. By yourself you will just keep getting played, and the case will get continued time and time again.
Answered on Nov 14th, 2013 at 7:03 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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If that is what is holding matters up, I would request a dismissal. Although, it would be at dismissal without prejudice meaning they could re-file it when the blood results come back in. The Michigan State Police has been taking an inordinate amount of time with lab results taking up to a year in many cases. It is a problem that will hopefully get resolved soon.
Answered on Nov 13th, 2013 at 8:26 AM

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