How ca i Be charged with a dui with 2 seperate BAC of 0.00%. and how long do i have to wait for blood results.

Asked 10 months ago - Watkins Glen, NY

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I was on my way to work, i'd overslept and just threw clothes on and hadnt even tied my shoes. when i turned the corner at the intersection, I looked in my rearview and there were police cars behind me so i pulled over so they could get by, and next thing i knew they surrounded me and i was being accused of being drunk. I was scared and confused not drunk or high. I hadnt even been speeding . The officer insisted i was on something so after i was already charged and and allowed to call my mother to come get, and after she got there they decided to take me for bllodwork at hospital . that was June 2nd and results r not back yet, at first i had to appear in court every 2 weeks and now its weekly. How long can this drag out.

Additional information

during the field sobriety test i tripped over my bootlaces as the officer would not allow me to tie them. when instructed to touch the center of my nose, i did so, but he says i didnt (apparently i was suppose to touch the center of the tip of it and i touched between the bridge and tip, thats what i understood to be the center of my nose). I have hazel colored eyes that change color with my emotions or colors i'm wearing- that morning my eyes were very bright blue as i stated before i was scared and confused due to what was happening. as an after thought i was also charged with following to close, the car in front of me slammed on brakes and pulled to the side of the road when they noticed the police cars and i was forced to brake also as we were both turning left at intersection with a car length at least between us until he slammed his brakes. guess they conviently missed that.

Attorney answers (4)

  1. Licensed in NY

    New York Criminal Defense Attorney
    Contributor Level 18

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    Answered August 09, 2012 09:15. Typically it can drag out 90 days. I'm curious what the probable cause was to pull you over as well as what the indicia of intoxication/drug use was. You may have a good lawsuit if the blood work comes back clean. You may want to speak to a civil attorney. Any BAC leads than .05 is prima facie evidence of no intoxication.

    All answers are for information purposes only. Answering this question or any future questions does not form any... more
  2. Licensed in NY

    New York Criminal Defense Attorney
    Contributor Level 20

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    Lawyer agrees

    Answered August 09, 2012 09:19. Assuming its a misdemeanor the DA has 90 days to be ready for trial. I suggest you discuss the matter with your lawyer.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Licensed in NY

    New York Criminal Defense Attorney
    Contributor Level 20

    1

    Lawyer agrees

    Answered August 09, 2012 09:22. The DA has 90 days to be ready on a misdemeanor case (which is what is suspect this is).

  4. Licensed in NY

    New York Criminal Defense Attorney
    Contributor Level 16

    1

    Lawyer agrees

    Answered August 09, 2012 09:29. Once the DA announces ready it can drag on for a very long time depending on how busy the court is. If you have zero BAC your case should be dismissed once the prosecutor gets the results

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