At 10:45 pm on May 1, a witness saw my vehicle go into the ditch. I was in the passenger seat and my driver fled on foot. The car was surrounded by water in the ditch. I was sitting in the driver's seat when the police came at 12:28 am. My blood was not tested until 3:05 am. I believe there is a 3 hour time that your blood has to be tested from the time of driving? Would it be considered from 10:45 pm when the witness supposedly saw the car go in the ditch which would be actually driving or would it be from 12:28 am when the police came but never saw anyone driving the vehicle?
Testing within three hours of driving is only required for automatic admissibility and the statutory presumption of accuracy under state law. Generally prosecutors will use an analyst from the state lab to testify as to what the BAC could have been expected to be at the time of driving based upon retrograde extrapolation (due to alcohol's rather consistent curve of dissipation) and how the test was analyzed to get over the hurdle of not having the statutory presumptions that are applied to tests taken within 3 hours of driving.
What Attorney House just said is true and means that if the test was done more than 3 hours after the driving, the DA must have an expert witness talk about the calculation of BAC based on a test taken more than 3 hours after the driving took place. Does that make sense? The test result is still admissible, but they need an expert witness to testify. Get a lawyer, and please learn from your mistakes.
This communication is for the purposes of general advice only. This communication does not form any contractual obligation on behalf of Attorney Stephen W. Sawyer or the Law Offices of Stephen W. Sawyer.
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