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How long can results for Blood take? Am I still going to be charged for a DUI?

Glendale, AZ |

I was taken to a hospital where my blood was drawn for DUI purposes. I gave my consent and was never issued a ticket or citation. I did not perform FSTs or blew into a PBT. And never taken to jail. I'm about to hit 90 days since the incident.

Attorney Answers 5

Posted

It is possible that the State decided not to charge you. On the other hand, it can take weeks and even months for blood test results to be completed. So unfortunately you are likely not out of the woods.

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Posted

It depends on where the blood was sent. I have seen it take 6 months. You should know how much you had to drink and if it is going to be over the legal limit. There are some things that you can do not to prepare for the court case. Talk with an attorney to get some advice on what you should do and how that will help you if you are later charged.

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Posted

Depends on a lot of factors... What is normal for your jurisdiction? How backlogged is the crime lab? What is interesting is that the hospital can give the police the results almost instantly. Were you there for treatment? Because if you were, the doctor undoubtedly did a tox-screen on you, and told the police what the results were.

Worrying about it isn't going to help you. But I would still call the courthouse where this case would likely be brought up and check with the clerks there about a warrant. If a warrant does emerge, get in touch with an attorney who can advise you how to lift that warrant and proceed with your case. Good luck!

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Posted

It can take several months for a crime lab to return the results of a blood test to law enforcement and the prosecutor. Normally a prosecutor has one (1) year to charge a misdemeanor, though I would consult a qualified Arizona DUI/DWI attorney and ask him or her what experience they have had in the area where you are charged.

Best of luck to you.

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Posted

My colleagues are correct, the time it takes to obtain blood results depend on the lab and more particularly, what law enforcement is looking for in your blood. Some drugs (spice for example) are unable to be tested in AZ labs. For a misdemeanor DUI in the State of Arizona, the State has one year to charge you. For a felony DUI, the State of Arizona has seven years to charge you.

Because there are a number of defenses with DUI charges, I recommend you speak with an attorney in order to ensure those defenses, your memory pertinent to those defenses, and possible witnesses and evidence are preserved.

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