Q: My relative (really) was in a rollover accident last summer (2015). He was alone and ended up in a corn field.
The fire co. extracted him. A sheriff went to the hospital where he was admitted. He took a breath test there and also a blood test. The sheriff said he would be back to talk with him, but never gave him a card or his name. My relative had some alcohol in his blood but thought he would be in the legal limit. He was released from the hospital in one week with a broken arm and leg. No word or visit from the sheriff. Three months later (Dec.), he received a call from the sheriff saying that the hospital didn't do alcohol testing so his blood had to be sent to a "criminal lab" and that they were backlogged, thus the 3-month delay in getting back to my relative. The sheriff said he was slightly over the limit so he needs to go to the sheriff's office to be finger printed and whatever else they do there. Eventually there is supposed to be a court appearance. My relative has no job at present and no income to hire a lawyer. Is it legal to receive a DWI so long after the accident?
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A: You should discuss this matter with a New York criminal defense attorney. If your relative cannot afford an attorney, he may qualify for the services of a public defender. It may be worth it to contact a private criminal defense attorney for even a consultation to discuss the case and potential representation. Certainly, your relative would be better served by an attorney by his side than defending himself regarding these charges. Good luck.
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