Is there a maximum window a blood toxicology sample may be obtained after a crash? 2 Answers as of February 16, 2017

Blood toxicology was obtained 8 hours after my single party car crash. Is this admissible for a DUID? I had taken meds after driving.

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Connell-Savela
Connell-Savela | Jason Savela
The longer between driving and blood draw, the harder it is to associate the result to the time of driving. This is especially true after a crash where medical attention is given due to the body?s response to trauma and drugs given during medical procedures. The biggest caveat is that different drugs will react differently to these inputs. There is case law that suggests 6 hours is admissible, not sure the drug. Even if admissible, then question is the value of the evidence. It might be very low. This should not cause you an immediate DMV suspension either way. A quality DUI attorney can provide more specific analysis with more information.
Answer Applies to: Colorado
Replied: 2/16/2017
Miller & Harrison, LLC
Miller & Harrison, LLC | David Harrison
To be used by DMV under the Express Consent law to take your license, a blood test must be taken within two hours. However, to be used in court it must be taken within a reasonable time. Therefore the circumstances of why it was taken so long after the alleged driving are important to be able to answer the question you ask.
Answer Applies to: Colorado
Replied: 2/15/2017
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