Our expert says:
Isn't all that just a perfect argument against drinking and driving ? That's what happens.
Yes, police forensic services are, like many other aspects of police services, disgraceful, and specimens get lost or it takes moneht or years to do routine and simple tests.
I think it would be wise for anyone who gets into your sort of situation to demand at the time that a second blood sample be taken ( or a portion of the original specimen be saved ) and given to you, duly sealed and marked by the police so as to maintain proper evidentiary statement, and sent at your expense to a private path lab where the esting can be done properly and rapidly.
I can't predict the chances that alcohol would be foun in your blood stream, as there are many relevant variables " how much you had had to drink over the preceding many hours, what you drank, whether you had anything to eat and when, and so on.
If I understand you rightly you were drinking until about 1 am and had the accident about 2. If you'd had more than a minimum amount to drink it is likely there was a significant level of alcohol in your system at the time of the accident. How much would still be there at 9 am, if that is when the blood sample was taken, is not clear, but its likely to be a very much lower and maybe not significant level, ( though the court may allow them to extrapolate from the level that was found, back to what it would have been hours earlier ) which is why its actually negligent for them to have delayed the taking of the sample for so long. There's no excuse for that, as timeous sampling can be arranged through a Police Surgeon or hospital casualty. But it may be to your advantage. As Phil says, hey may have ruined their own case by negligence.
Presumably, if they were competent, they may have breahalyzed you at the time, and made observations of your breath, ability to walk, talk, balance, etc., at the time, which might now become more relevant
As someone who has had two family members killed, and one maimed, by drunk drivers, I feel no sympathy for the avoidable plight you find yourself in, and you can't expect others to do so either, unless they also drink and drive !
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