I got a dui in AZ 1/19/13 after the search warrant for blood test was provided game and fish officer did not send the paperwork for the warrant back until 2/3/13 "because he forgot" they described it as an unprocedural error in the statement I recited at my first pretriel. Can my case be thrown out because of this error?
You need to have a lawyer experienced in DUI cases review the warrant, the blood draw, and the police report.
The time the warrant was sent by the officer to the judge, the time that the warrant was signed by the judge, the time that the warrant was received by the officer, and the time of the blood draw are all important facts that are likely to determine whether the blood results can be suppressed. If the blood results are suppressed, you may be able to have the case dismissed (thrown out).
In summary, to accurately answer your question, a lawyer must review the warrant, the police report, and the documentation surrounding the blood draw. If you want me to do so, please call me at 602-402-8708 and set an appointment.