Found an issue on this page? Let us know and we will look into it as soon as possible.
Are they allowed to take 8 months for blood test on bogus dui?
Anonymous8 views4 answers
I got arrested for DUI completely sober and demanded a blood test. Two months and two court dates later they told me to come back in six months. Is this legal and can I be locked up for six months over any minor problem that might happen? Can I sue when the test results come back negative? I've lost my car from this.
if your license was revoked by the DMV, you can appeal that and should. You should definately contact a dui attorney to discuss your options and get legal representation. It sounds like the city or state hasn't charged you yet and is waiting for your blood results. Unfortunately, you can't sue for this.
The short answer is "Yes." On any misdemeanor the prosecution has one year to bring charges against you. Also, since you did a blood test the time to get the results is extremely long (usually 4-6 months).
You can not sue them, unless you can prove that the officer did not act on good faith. I suggest that you hire an experienced DUI attorney to assist you in this matter.
In order for an arrest to be valid, there must be probable cause that you committed the crime alleged. Probable cause is a very low standard. Slight or marginal evidence is the standard for probable cause versus beyond a reasonable doubt for a conviction at trial. So not having the blood results probably will not invalidate the arrest. Depends on whatever evidence there was at the time. However, not having blood results will help you immensely at trial. That is most likely why charges have not been filed yet. For a misdemeanor DUI, charges must be filed within one year from the alleged offense date. ou may want to consult with an attorney.
You should use time to consult with and if possible hire a defense attorney. Metro has a lot of blood test to do and unless you made the news, they will take their time. Once the test comes back, the officer may also notify the DMV as well and your DL will be suspended. An attorney can also help with the DMV hearing.
