My daughter was picked up for dwi in Wisconsin. She didnt have blood draw for over two hours after bar time, do you think the blood level would go up in that time. Just wondering if you have delt with this in any cases?
1 Answer from Attorneys
Actually, the presumptive period of accuracy for blood draws was expanded to three hours. In reality, however, any time longer than an hour from her last drinking (by which time most alcohol would be fully absorbed), the extra time probably worked to your daughter's advantage. Her body would have been busily removing alcohol from her system during this time, normally removed at a rate of around .015 per hour. All of this can be slowed down by a large meal, however. Regardless of this issue, you could greatly assist your daughter by helping her to retain an experienced criminal lawyer to defend her. There may be various technical defenses available to her, but only an experienced lawyer who has fully investigated the case would be likely to spot them. My answer does not automatically make me your attorney, so you need to consult with your own attorney before acting upon any of my comments and may contact my office at 333 Main St, Racine, WI 53403, 262-633-3090, during business hours, or see me on the web at www.jayknixonlaw.com. Also see 25 years of my answers to consumer questions at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon. Attorney answers may contain advertising materials.
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