Asked over 3 years ago - Yuma, AZFlag
I was pulled over and arrested in AZ on a DUI but was never offered a breathalizer test or any other test. It was 3 to 4 hours later the officer obtained a warrant for blood test. Is it reasonable?
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The law requires the State to prove that your BAC was above a .08 or more within two hours of driving. The State's expert may be able to retrograde your blood back to within the two hours. However, the retrograde may be insufficient or inaccurate based on your drinking history, the information you provided the police officers, among other factors. In these cases, your best bet is to consult an experienced DUI attorney.
You should take your case to a qualified attorney for evaluation. Your attorney might want to seek the opinion of a scientific expert. Given the amount of time between your stop and your blood test, the test results may not be very helpful to the government's case against you.
This response neither constitutes legal advice nor creates an attorney-client relationship. This answer is provided solely for informational purposes, for use as a starting point when speaking directly with an attorney. I urge you to immediately contact an experienced attorney admitted to practice law in your state before making any more decisions on this case.
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