Will they continued it aging the DUI blood test for another date if test is not in yet? 8 Answers as of December 30, 2013

Blood test DUI continued for another court date blood test still not in if it doesn't come in before the 2nd court date then what? Will they continued it aging for another date if test is not in yet? And if blood test is lost will they wave the DUI charge?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
It will be continued.
Answer Applies to: Georgia
Replied: 12/30/2013
Universal Law Group, Inc. | Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Have you been arraigned yet? Have charges actually been filed or is the D.A. waiting for the blood results before filing?
Answer Applies to: California
Replied: 11/15/2013
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
If they haven't tested blood yet there's a really really good chance that when they do it will be contaminated by fermentation in the sample. This makes the results meaningless as no one can tell what if any alcohol is from drinking and what is from fermentation. Studies show fermentation can raise the BAC .10-.20.
Answer Applies to: California
Replied: 11/14/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
As long as the blood was handled properly, and the preservatives are in the vial, they can test it next year and the results should still be the same. You need to hire a DUI specialist if you want to successfully challenge the procedures. By yourself you will just keep getting played, and the case will get continued time and time again.
Answer Applies to: California
Replied: 11/14/2013
S. Joseph Schramm | Joseph Schramm
If the test is lost, the prosecution may still proceed with the case or may decide to drop the charges. It will be their discretion. As for the delays, as long as the lab tests can certify that the results have not been affected by the lapse of time the prosecution will still try to proceed with the case it the results register an amount in excess of the permitted BAC levels.
Answer Applies to: Pennsylvania
Replied: 11/14/2013
    Hudson Bair | Hudson Bair
    If you have a lawyer, these are questions they should answer. If a crime lab hasn't tested your blood the prosecuting agency can continue the case until they do. If they have not filed charges then they have up to one year from the date of arrest if this is a misdemeanor DUI case. If charges have been filed, the DA can proceed without blood test results if they think they can make the case with your driving, field tests, admissions and other observations made by the investigating officer.
    Answer Applies to: California
    Replied: 11/15/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    If that is what is holding matters up, I would request a dismissal. Although, it would be at dismissal without prejudice meaning they could re-file it when the blood results come back in. The Michigan State Police has been taking an inordinate amount of time with lab results taking up to a year in many cases. It is a problem that will hopefully get resolved soon.
    Answer Applies to: Michigan
    Replied: 11/13/2013
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    As your case is most likely on the "call" docket, the State most certainly request another continuance to get all of the reports and paperwork in. This would be a different story if your case were set for trial and this was a "trial setting".
    Answer Applies to: Missouri
    Replied: 11/13/2013
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