Answer:
I tell them, “Well, generally, on a misdemeanor DUI case, it is not uncommon to be several months into the case and the blood draw not be back.” That doesn’t mean it gets dismissed or it goes away, but what it does mean is it can be a good legal issue.
One question that I receive a lot of too is, “Well, what if the blood draw result takes forever to come back from the crime lab?” I tell them, “Well, generally, on a misdemeanor DUI case, it is not uncommon to be several months into the case and the blood draw not be back.”
That doesn’t mean it gets dismissed or it goes away, but what it does mean is it can be a good legal issue. Prosecutors get tired of waiting, judges get tired of waiting, and if it turns into an inordinate amount of time, in West Virginia, one year, then it can become a suppression dismissal issue.
But even if it is presented, an experienced DUI attorney knows the host of issues that go into examining that blood draw from the moment it left your arm to the moment that piece of paper appeared in a court file on how to attack and expose errors or flaws in your DUI blood draw case. But simply the passage of time alone, no, that isn’t going to get us where we need to go a lot of the time.
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