What if my blood was not drawn within a two hour period for an Arizona DUI?

by Aaron Black • January 06, 2012

Arizona DUI law states that the blood or bodily fluid must be taken within two hours of driving. If your blood of bodily fluid was taken outside of two hours the state must present testimony from its scientist as to what the BAC level was within two hours of driving. This 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 please follow the steps below

  • Always be polite with the officer
  • Provide your license, registration and insurance
  • Comply if asked to step out of your vehicle
  • If the officer asks if you have been drinking, invoke your 5th Amendment Right. Your 5th amendment right 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 your blood or bodily fluid was taken outside of two hours Phoenix DUI Lawyer Aaron Black may be able to assist you. There are motions that can be filed to preclude retrograde testimony and there are defenses to be argued. Contact Phoenix DUI Attorney Aaron Black or call for a free consultation at 480-729-1683.


About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
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