If I'm pulled over for suspicion of drunk driving, when must the police officer give me a breathalyzer or blood test?

Question

I recently got pulled over for driving under the influence (DUI) and, instead of agreeing to the roadside breathalyzer, I asked for a blood test. After spending two hours in the back of a police car and at the hospital, the nurse finally drew a blood sample from me. My blood alcohol content (BAC) was .08. Can the police use this evidence in court to convict me of a DUI?

Answer

The laws vary from state to state on how soon a driver's blood alcohol content, or BAC, must be measured after a drunk driving stop. While most states' DUI / DWI laws require that your BAC be measured "at the time of driving" -- which generally means within a reasonable amount of time after you're pulled over -- some states specify that your BAC must be measured within two or three hours after driving. You didn't mention the state in which you were arrested, but you can see the rules on this point for all 50 states in Nolo's DUI / DWI in Your State articles.

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