Q: In Arizona is it legal to use a blood sample drawn 2 1/2 hours after being stopped?
The law in Arizona says it is Mandated that a blood draw must be taken 2 hours or less after being stopped or it is not admissible in court.
How can they attempt to use a retrograde extrapulation against you when the law states that is not admissible if taken after 2 hours?
The law is the law and they should not be able to deviate from that.
How do you combat a DA who thinks he can go outside the statute?
A:
Generally, the law does not require blood to be drawn within 2 hours. I think you are confused with particular alcohol-related DUI charges, which require the State to prove alcohol concentration within two hours. As a result, officers are supposed to draw blood within 2 hours of driving or actual physical control, but this cannot always be done and it is not necessarily illegal to draw outside of 2 hours. Even a blood draw outside two hours, an alcohol concentration (normally in the form of a range) within 2 hours can normally be done with expert testimony. It is possible there are issues with the retrograde or other issues with the blood, which you should discuss with a lawyer about.
If you already have a lawyer, you need to talk with your lawyer about this as they are on your case and will be able to provide much better information than any of us can.
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