I was charged with a DUI in Scottsdale is there a time frame from which they have to draw my blood?
Arizona DUI law states that your blood or bodily fluid must be taken within 2 hours of driving. If however, your blood or bodily fluid was taken outside of the legal 2 hour limit, the state must then present testimony from a scientist as to what your blood alcohol concentration (BAC) level was within the two hours of driving after you were stopped. This testimony is called retrograde extrapolation.
Retrograde extrapolation is a scientific and mathematical process used by scientists to estimate what a person’s BAC was at a specific time based on results at a later period. With that being said retrograde extrapolation is not a trustworthy science as many assumptions are made. In addition, the scientist must also know what and when was the last thing that you had to eat and when, what was the last thing that you had to drink. This is again another reason why you should never answer a police officers’ questions if you are arrested for a DUI.
If you are arrested for a DUI in Scottsdale please follow the steps below
- Be polite with the officer at all times
- Provide your license, registration and insurance
- If the officer asks you to step out of the vehicle, comply
- If the officer asks if you have been drinking, invoke your 5th Amendment Right which is the right to remain silent
- Immediately request an attorney
- Respectfully refuse all field sobriety tests such as the eye test, the walk & turn and the one leg stand
- Refuse the preliminary breath test (PBT). This is the small breath machine that is carried by officers in their car and can be administered on the side of the road. Contrary to popular belief, your license will not be suspended if you refuse the PBT
If however you are charged with a DUI in Scottsdale and your blood or bodily fluid was taken outside of the two hour limit after you were driving, contact DUI Defense attorney Aaron Black. I focus exclusively on DUI defense and I may be able to assist you as there are motions that can be filed to preclude retrograde testimony and there are defenses to be argued.
Click here to contact me or call (480)729-1683 for a free consultation today!