Legal Question in DUI Law in Wisconsin

how long can blood be held before testing and still legally be used in a dui case in wi


Asked on 12/16/10, 8:34 am

1 Answer from Attorneys

JAY Nixon nixon law offices

The statute of limitations for most criminal and traffic matters in Wisconsin is six years. So long as the prosecution is brought within this period of limitations, I am not aware of any law which prevents the use of any evidence which is likely to prove any significant fact in the case, which would include blood alcohol content ("BAC"). However, after a sufficiently long period it is imaginable that any sample could be degraded due to the expiration of time. A qualified defense chemistry or toxicology expert could therefore possibly assist you in defending this case. Most experienced criminal lawyers would be able to locate such an expert, although the cost of retaining the expert could be rather high. My comments here in this public web forum are offered only for general public educational purposes and are not legal advice directed toward you; nor do they create an attorney client relationship between us. However, you are welcome to contact my Racine office to discuss retaining me or to set up a free initial consultation.

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Answered on 12/22/10, 8:12 am


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