Probably. The question with respect to a chemical test in a DUI case is whether or not it was administered within three hours of the driving time. If not, then there may be a question as to whether the evidence is relevant; but it's usually going to be deemed admissible. There are not enough facts here to fully address your question. Questions such as, what is the driving time, did you drink after driving, what is the time of the blood draw, what is the test result, etc. need to be answered. That is just to name a few.
Please consult a qualified DUI lawyer in your area so that all possible defenses to your case can be fully explored.
Yes it is admissible. It is of limited (less) weight in a DUI trial because (1) the mandatory presumption does not apply and (2) in any DUI the question is "How does the test relate to my BAC at the time of driving?" and the further away the test is from time of driving the more meaningless it is.
Edward J. Blum
LAW OFFICE OF EDWARD J. BLUM
I agree with the above answers. Depending on the facts of the case, some judges may use their discretion to keep the evidence out. The expert for the prosecution would have a really hard time effectively using a test 3 hours after driving.
Its admissible generally, but makes for a very weak case. Anything deemed in violation of Title 17 goes to the weight and not the admisibility of evidence in a DUI case.
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