How long can blood keep after arrest so your lawer can retest it

Asked over 1 year ago - Oakland, CA

Been 5 months since arrest

Attorney answers (4)

  1. Michael Jon Fremont

    Pro

    Contributor Level 17

    11

    Lawyers agree

    Answered . Mandatory one year

  2. Stephen Troy Allen

    Contributor Level 15

    11

    Lawyers agree

    Answered . I agree.. For misdemeanors it is kept for at least one year. Felonies, they will keep longer.

  3. Francis Rowland Pabst

    Contributor Level 9

    10

    Lawyers agree

    Answered . For a misdemeanor offense it is mandatory that the sample be kept for one year. You will need to file a motion for chain of custody to have the sample retested, often colloquially referred to as a 'Blood Split' motion. You should certainly be speaking with a qualified criminal defense attorney in your local.

  4. Matthew Murillo

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . Labs must keep it for atleast 1 year. However, there may be other issues, such as: enough blood drawn to be retested; preservative levels being sufficient to prevent fermentation, etc.

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