trooper gave him a dic24 with arrest time of 9:40 pm but he eswas not arrested. Trooper stated he would contact us after 6-8 weeks . WE are at 8 1/2 weeks now an no word or call
Drs found that he had 3 fractured vertebae and a 3 inch gash in his forhead,
Criminal Defense Attorney
It can take a very long time. I have a client that is waiting since January! It just depends on how backed up the labs are.
Criminal Defense Attorney
Typically a couple months but I have seen six months and even had a case where it took a full year. It can certainly take a good long while for the lab to get the test done and get it back to the prosecutor. Be patient. On the bright side you were at least informed that there was going to be a charge. A lot of people don't know anything about it and then months later a subpoena arrives.
DUI / DWI Attorney
The longer you wait, the better. Hopefully, you have not heard anything because the blood alcohol test came back very low. If he was treated at the hospital, they probably also tested his blood alcohol level. They do so they do not give any drugs that don't mix well with alcohol and to determine risk for going into shock. Check if there is a result in his medical records. That may answer your question.
Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice.
Q: How long does it take for a blood test to come back after an accident?
A: The length of time to get a blood result back depends on several factors. The State can get your blood results after an accident from two sources. They can subpoena hospital records or they can have a nurse draw blood from you (blood can be drawn for non-medical purposes if you consented to the blood draw, they got a warrant. The officer does not need your consent to draw blood if it was a felony DWI, or the accident cause serious bodily injury to someone).
If the blood was drawn for medical diagnosis, the the State can get the results fairly quickly from the hospital. If the blood was drawn for the other purposes mentioned above, the the blood is shipped to a DPS lab for testing. Here in Dallas, the blood is first shipped to a lab in Garland to test for alcohol content. If the police department then wants it tested for drugs, then the blood is shipped to a crime lab in Austin.
The length of time it takes for you, the citizen accused, to see the results varies depending on what blood draw method was used and what substance they tested for in the blood.
Keep in mind, the prosecution typically will have your blood results some time before your can have access. Also, you must go through the proper discovery procedures to obtain the results. For this, you usually need an attorney. But as a guide, it typically takes 2 to 6 months to get a blood result. And, can take up to two years which is the statute of limitations on a misdemeanor DWI.
Q: How long does the DIC 24 last?
That depends on if you requested an ALR hearing to contest your license suspension. No matter what you have been told or read, your license is not automatically suspended as a result of a DWI arrest. You have 15 days from the day of your arrest or when your received notice via the DIC to request an ALR hearing.
If you properly request the hearing then your license will not be suspended until you have the ALR hearing which is usually 2 months after you requested it. If you when the hearing, then there is not license suspension, if you don't win the your license will be suspended a few days after the hearing.
NOW, if you DID not request an ALR hearing within 15 days, then the DIC is good for 41 days. Your license will be suspended on the 41st day from your arrest or notice of the DIC.