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

Oakland, CA |

Been 5 months since arrest

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Attorney answers 4


Mandatory one year


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


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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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.

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