The SBI, at least for Wake County Cases, has been taking as long as two years or more to return blood.
<a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson represents people in Raleigh, Cary, Apex, and the rest of Wake County, North Carolina. The information provided here is for educational purposes only and should not be relied upon as the specific facts may change the potential advice. Consult with a licensed <a href="http://www.chetson.net">Raleigh criminal lawyer</a> or <a href="http://www.chetson.com">Raleigh DWI attorney</a> in your jurisdiction about your legal question or problem. For a free consultation about a North Carolina case, call (919) 352-9411 day or night, any day of the week.
Its hard to say exactly how long it takes to get the results back. I have had cases similar to you where the results have taken in excess of 16 months. These results are very important. I have represented clients where the results were under a .08 and as a result, the State dismissed the DWI. I have also had cases where the results were returned and the results were in excess of .08. In those cases, we filed a timely objection to the introduction of the results without the analyst present. The analyst did not appear to testify and the DWI was dismissed. Either way, those results are important. Keep in mind that the State can proceed with the BAC results. Discuss this with your attorney.
It's hard to say how long it will be as it often depends on the lab used to do the analysis. That said, the blood usually does matter since it would be the best evidence for the State of your level of impairment. Depending on the county and the judge, if the blood doesnt come back in a specified time, the judge may require the State to proceed with its case without the benefit of the blood result. That is something you should ask your lawyer about.
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