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DUI Pending Blood Results

Not every DUI investigation results in an immediate arrest. When a person is involved in a car crash and taken to the hospital, it becomes inconvenient for the officer to immediately make an arrest.

Instead, it is more convenient to just wait for the person to be released from the hospital, obtain their hospital records or the results from a legal blood draw, and establish that their blood alcohol concentration (BAC) was above .08 when they were taken to the hospital.

In those cases, the investigating officer might forward his findings to:

  • a prosecutor at the State Attorneys Office who either:
    • send the driver a notice that the prosecutor is seeking a subpoena to obtain their hospital records to determine the presence of drugs or the BAC concentration; or
    • will “direct file” the DUI charge which then triggers a court date;
  • a supervisor at the DHSMV who triggers the “notice of suspension” that comes with a ten-day window after the notice is received for the driver to file a demand for a formal review hearing to contest the suspension.

If you went to the hospital after being involved in a motor vehicle crash and you believe a DUI investigation is underway, then immediately seek out the services of an experienced criminal defense attorney.

Attorney for DUI Being BAC Results in Florida

After a motor vehicle crash, an investigation officer might go to the hospital to interrogate you about whether you were DUI. The officer might have requested that you submit to a legal blood draw or the officer might seek to obtain your medical records.

In order to obtain your medical records through a subpoena, the State Attorney’s Office has to provide you with notice and an opportunity to object.

Read more about why you should always object to the State Attorney’s Office obtaining your hospital records.

The attorneys at Sammis Law Firm understand that these cases are complicated. For more than 20 years, attorney Leslie Sammis has been fighting DUI cases, including cases pending the results of a blood test in Florida.

Don’t just wait for the results to come back. Instead, take a proactive approach to fight the DUI from the earliest stages.

Call 813-250-0500.


Forms Used in a DUI Pending BAC Results Case in Florida

When there is no arrest at the scene and the charges are pending the results of a blood test, the arresting officer will prepare the following documents:

  • DUI or Standard Traffic Citation – BASED ON BAC RESULTS
  • Driver License – If BAC results are .08 and available
  • Copy of Original Arrest Affidavit – MUST BE SIGNED
  • Certificate of Blood Withdrawal Form – FDLE #11
  • Blood Collection Form
  • Field Sobriety Evaluation Form
  • Oath Form

How long does it take to get the blood work results in a DUI investigation?

If the hospital takes blood as part of the medical treatment, the results come back within an hour.

If the officer takes blood for legal purposes and sends it off to the crime lab, it might take several months for the results to come back showing the presence of alcohol or controlled substances.


How long can a DUI investigation stay pending?

How long the DUI investigation can remain pending depends on the statute of limitations. In fact, the prosecutor will first determine the statute of limitations in order to see how much time they have to file charges.

As a general rule, the investigation should be pending for no more than six (6) months. But we have seen cases filed right before the one year or two year statute of limitations deadline runs.

Which deadline applies in your case? For a first DUI without any aggravating factors, the statute of limitations is one year.

If the prosecutor can prove that the DUI caused or contributed to property damage or non-serious injury, then the statute of limitations is 2 years. For a felony DUI charge, the statute of limitations is longer.

As a practical matter, we have never seen a DUI case filed after two years from the date of the incident.

The passage of time generally makes the case more difficult to prosecute because memories fade and evidence is lost over time.


This article was last updated on Friday, August 14, 2020.

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