Can a DUI be dismissed because the blood test results are still not available after nearly 5 months?

UPDATED: Nov 20, 2011

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Can a DUI be dismissed because the blood test results are still not available after nearly 5 months?

5 months ago, my son caused a car accident. He admitted to the police to have taken a few puffs of marijuana that evening. A blood test was admitted in the hospital. He went to court and the blood test results weren’t available. He went to court 2 more times and the blood test results were still not available. Next court date is next month. Can his DUI case be dismissed because of the missing blood test results? There was no personal injury and the damage was adjusted by his insurance. He’s 20 and this was his first offense ever. He hasn’t pleaded anything yet.

Asked on November 20, 2011 under Criminal Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the blood test results are not back yet then most likely the blood test results have been misplaced or lost concerning your son. If the prosecution cannot produce the blood test results, then the prosecution cannot move forward with its case.

At the next hearing date for your son at court, he should not waive time for trial. If he refuses to waive time for trial, the court will be forced to set a trial date and the prosecution may then dismiss the case.

Hopefully your son has a criminal defense attorney representing him in this matter. If not, he should consult with one.

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