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DUI Charges, Blood Taken, Lost Blood

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  • 05-21-2009, 12:20 AM
    Jock191
    DUI Charges, Blood Taken, Lost Blood
    I was charged with a dui with a bac. of .311. They took my blood at the hospital b/c I was in a accident but my blood sample as been lost? What is the likely hood of being convicited with out my blood as proof?
  • 05-21-2009, 10:27 AM
    sniper
    Re: DUI Charges, Blood Taken, Lost Blood
    I'm sure some more info would help, like the state which you were arrested in and how they determined .311 BAC prior to the blood draw.
  • 05-21-2009, 12:31 PM
    Jock191
    Re: DUI Charges, Blood Taken, Lost Blood
    Sorry. I was arrested in IL. I fell asleep while driving home and I hit the back of a semi truck. According to the report I said that I was drunk and just trying to get home but I dont ever recall saying that. They drew my blood at the hospital and it said I had a bac or .311. I sat handcuffed to my hospital bed for 12 hrs while waiting for my finger prints to clear. I was then released on bond and am awaiting my court date.
  • 05-21-2009, 02:41 PM
    cdwjava
    Re: DUI Charges, Blood Taken, Lost Blood
    At .311, you did not so much fall asleep as you passed out. That's pretty near blood alcohol poisoning.

    The likelihood of your being convicted without the physical blood is a tossup. The state will introduce the hospital or crime lab results as evidence. Your attorney can object because he cannot have it independently verified and attempt to have the blood evidence dismissed, or he can try to use the lack of a saved sample to bolster a case for reasonable doubt.

    You need to speak with your attorney.

    - Carl
  • 05-29-2009, 04:31 PM
    Scruit
    Re: DUI Charges, Blood Taken, Lost Blood
    Where did the .311 number come from? Breath test? (PBT? Desktop breath test machine?) If you were charged for .311 then that must be admissible... no?
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