I was arrested for a dui in georgia. I performed the field sobriety test and breath tests resulting in a 1.63 BAC. I asked

Asked about 4 years ago - Atlanta, GA

for a blood test at the hospital. Four hours plus went by before they performed the blood test. My blood test results were .06. Is there a legal amt of time that a blood test needs to be perforemed? The doctor also asked how long it had been since I drank. The officer was standing there and I told her it had been 5-6 hours because I didn't want to admit I drank right up until driving. What are my options, if any?

Attorney answers (4)

  1. Lance Warren Tyler

    Contributor Level 10

    2

    Lawyers agree

    2

    Answered . The above attorneys have given you good advice. You need a DUI defense attorney. The blood test results can be used to challenge the accuracy of the breath test. There is also the possibility your request for a blood test, and the manner/timeliness of the officer's compliance, may raise an issue regarding the admissibility of the breath test. You need an experienced DUI defense attorney to review your case.

  2. Jessica Ruth Towne

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . Your lawyer will know how to use your independent blood test to your advantage in discrediting the breath test, regardless of how much alcohol you admitted drinking. You need a lawyer to win your case.

  3. Elmer H. Young III

    Contributor Level 15

    1

    Lawyer agrees

    Answered . You may have a very good case, but I will let one of those "superb-rated" lawyers in the Atlanta area tell you why.It 's complicated and most wanabees will not know. I hope your test results are written down somewhere and you can identify who performed the lab work. Do not delay!

  4. Phillip Darrell Kimbrell

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Great action on your part to protect yourself by asking for the independent test. It is now incumbent upon you to engage an attorney to represent your interest as soon as possible. It is likley that you were served with notice of suspension of your driving privileges and if that is in fact the case, then you have only 10 days to file a demand for hearing with the Department of Drivers Services for this notice of suspension. I would be happy to consult with you in this matter so feel free to contact me should you desire. With regards,

    P. Darrell Kimbrell

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