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

Asked 11 months ago - Oakland, CA

Been 5 months since arrest

Attorney answers (4)

  1. Michael Jon Fremont


    Contributor Level 16


    Lawyers agree

    Answered . Mandatory one year

  2. Stephen Troy Allen


    Contributor Level 15


    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


    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


    Contributor Level 18


    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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