Questions: I’ve seen a lot of reasons for re testing blood in DUI cases, but it seems to me that there is a chance, especially with a high bac (say like over .20) that after a month and a half or whatever, some of the alcohol could dissipate between tests. is this accounted for in a retest? thanks!
Answer: The blood sample should be properly maintained with the right amount of preservative, and refridgerated. Speak to a DUI attorney in your area. It’s possible that a blood retest (often referred to as a blood split) could come back with lower or higher results. If the results vary enough either way it can be used as a defense. I handle blood test DUI cases and would be happy to speak to you in more detail about your DUI.