DWI bac .15
Subject arrested for dwi. Subject anable to take breath test due to medical issues. Blood test was done. The arresting officer asked the lab technician to back date the blood sample to the previous date, since it was now after midnight and the stop was earlier in the evening. Could this act make the BAC inadmisable by jepordizing the credability of the lab or officer.
1 Answer from Attorneys
Re: DWI bac .15
A BAC test result of an accused's blood must reflect the correct date and time that it was drawn
from the body of the accused and cannot be "back dated" for any reason as far as I am aware.
The fact that the stop and detention occurred at an earlier date and time should be irrelevant to this required information accurately recorded and linked to the sample that was tested.
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Dwi/.15 what charges am i looking at Asked 2/20/09, 10:20 pm in United States Virginia Drunk Driving & DUI Law
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