Can I be charged with DUI with a BAC of .058 from blood drawn nearly 4 hours after an accident?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I be charged with DUI with a BAC of .058 from blood drawn nearly 4 hours after an accident?

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?

Asked on November 16, 2011 under Criminal Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

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.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption