When the police take blood test for alcohol, is there a time limit in which they have to prosecute?

Question

My apologies I wasnt clear! I live in the UK. My brother was involved in a car accident and I would like to know why the drink driver still has not been prosecuted!!

The guy in question was in hospital, a blood test was taken there-(couldnt do a breath test as injury to mouth). The police said they would send the sample off and he should have results in 4-6 weeks. Its been 10 weeks now. We are in the UK btw.

Answer 1

There are two ways of tackling this. Generally the driver will be asked to return to the police station and be charged with the offence, being asked to turn up at court shortly afterwards, by which time the CPS will have conduct of the case.

Occasionally the police will issue a summons and this strikes me as the sort of situation where this might happen. The summons has to be issued within six months of the date on which the police knew that there was ample evidence to prosecute, i.e. six months from the date the test results were received.

The police have no control over the workings of the laboratory and remember, Christmas and the New Year have intervened. Besides, are you entirely sure that he was drunk? The test results may well have been in his favour. Just a thought....

Answer 2

The first issue to be addressed is whether or not there was an arrest for the offense. If an individual is "arrested", that is, taken into custody and transported to a facility where a "BAC" (Blood Alcohol Content) test was administered, and subsequently determined that the BAC was over the legal limit, then warrants are obtained for this person. This only means that the officer has determined that there is sufficient evidence to prove that this person committed the offense. The other type of "arrest" is being given a summons to appear in court. In the case of a "Drunk in Public" sometimes an officer administers a "Preliminary Breath Test" (PBT) this test is only for use by the officer to obtain one more piece of evidence of an infraction. Sometimes an officer will release an offender with a summons, which would have a court date for when to appear. So, with all this in mind be advised that police don't "prosecute" criminals, they collect evidence and submit it to the prosecutor. As far as the time frame for this prosecution, in my jurisdiction, I am not aware of any time limit on the prosecution for this type of crime, however there is an expected reasonable amount of time one should expect to wait. If this goes for a long time, a creative defense attorney could probably make an issue of it successfully.

Answer 3

do no longer understand in the event that they are going to try for weed, yet the two way you 'could' be ok by way of fact weed maintains to be interior the blood for months, so as that they might in no way prepare you have been stoned once you drove. They was hoping you're able to fess as much as possesion, yet because you probably did no longer and that they found none, you're able to be ok. As for alchohol, from what you assert you're able to be under on the blood try, superb of success!

Answer 4

In most states up to two years.

Answer 5

was he over the limit when he was tested back at the police station, that is the only test result that can be used?

Answer 6

Call and ask.

Could be they got busy it got buried and a tad forgotten...could be the results weren't enough...

Who knows. But if you want them prosecuted, call and nicely ask them about it - see what they'll tell you over the phone.

Answer 7

I am assuming this idiot was arrested!?!
I don't know the laws in the UK for trials but where I live..There is not a time frame!

Answer 8

Yes, most states have Statutes of Limitations. I believe most states have a two year limitation, but you'd have to check with your state. If you've been charged with this, you probably have a defense attorney, check with him/her.

Answer 9

Some good advice...Dont drink and drive!