Legal Question in Criminal Law in California

DUI -- Tested 3 and 1/2 hours after the incident and reading can't be correct

A friend was drinking a beer or so an hr for about 6 hrs and stopped at 11:30 pm he drove home at 2:00 am and fell asleep and hit a pole (he had been working extra shifts for days) parameds came an hr later he was taken to the hosp & at 5:45 am the police made him take blood test (he wanted urine but they said no or he would go to jail) he took it they didnt arrest him and now have charged him with drunk driving & said test at hosp was 2.0 that is impossible -- what should he do??


Asked on 1/17/00, 5:12 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: DUI -- Tested 3 and 1/2 hours after the incident and reading can't be correc

He should first hire an attorney. He has the right to have the blood retested by an independent laboratory. The independent laboratory can test for the preservative, alcohol content and the type of blood, to verify it is his blood.

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Answered on 1/22/00, 4:56 am


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