Can I be charged with DUI with a BAC of .058 from blood drawn nearly 4 hours after an accident?
Question Details:
I was in an accident while riding a go-kart on the street in a rural area and was hit by a motorcycle that was trying to pass me in an intersection. I was taken by ambulance the the ER and they drew blood about 4 hours later. Can they still charge me even though I was under the legal limit at the time of the blood test?
DUI / DWI Law Answers
Yes, law enforcement can charge you with driving under the influence of alcohol with a blood draw of .058 taken four (4) hours after the accident even though the level stated is within the legal statutory level.
The prosecution may claim through forensic testing that at the time of the accident that your blood alcohol level that you had was above the legal limit based upon admissions by you as well as other evidence. I suggest that you contact a criminal defense attorney to represent you in this matter. From what you have written, the prosecution seemingly would have a hard time proving its case against you.
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