My husband had a wreck n 2009 and he passed the breathalizer and three feild sobriety test so they took blood work.

Asked over 3 years ago - La Fayette, GA

it has been almost two years now and they are still saying they are waiting on blood work and his public defender still hasnt meet with him even though he has tryed to make appopinment after appointment. how long does it take for a blood test to come back and is it possible they have lost it and that it can get thrown out.

Attorney answers (3)

  1. Elmer H. Young III

    Contributor Level 15

    Answered . The past two years was the time during which the defense lawyer in a DUI case should be gathering facts and preparing the case. All lab work should have long been processed and available to everyone involved. Somethings, not right?

    I am an attorney, practicing throughout the state of Georgia, but primarily in the areas around Augusta,... more
  2. Douglas Warren McDonald Jr.

    Contributor Level 10

    Answered . the statute of limitations in Georgia is 2 years from the date of the alleged act. Please don't hold it against the public defender he has tons of cases.

    blood test results in Georgia can take up to 6 months to complete. Your husband can request an independent test if you want to know the reults now.

    without the blood test your husband's odds at an acquittal significantly increase

  3. Kevin Francis Guyette

    Contributor Level 15

    Answered . There may be speedy trial statutes that are implicated along with statutes of limitations arguments to be made.

    In most cases I have found that the best strategy is to let sleeping cases lie; if nothing is said, and the state forgets to prosecute in a timely manner, then the case would have to be dismissed with prejudice, regardless of the strength of evidence.

    Be patient.

    There is no attorney-client relationship formed as a result of this communication. If you find this information... more

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