Statute of limitations to draw blood - DUI charges

[dham99]

What is the name of your state (only U.S. law)? TX

In Sept of 2007 I was involved in an accident.
The driver came out of a community, rolled through a stop sign, and turned left (south) infront of me as I headed (right of way/north) down a highway at 60mph.

The accident was around 150am. Police showed up around 218am. I was unconscious from the time of impact, from what I can remember, until I was released from the hospital (in very very bad shape). I broke my face open in a few places, broke my nose, and shattered my ankle. They were unable to draw blood at the scene, and had to wait until I arrived at a hospital 25-30miles away.

The police report shows the hospital first drew my blood 430am. Some how while unconscious in and out according to the officer, I agreed to a miranda rights, and admitted a few times to drinking (keep in mind i was UNCONSCIOUS and even so, in NO state to comprehend what is going on because of the shock/pain/etc and admit to anything). In all honesty, I dont remember even seeing a cop.

I only had a few beers, over 4 hours maybe 1 per hour. The question is, can they wait 3 hours to draw blood and use that reading against me in court? I thought I have heard there was a limitation to when the numbers could be used against you, considering the BAC arcs after you drink for some time.

Any help is appreciated, as I searched online some and couldnt find much relating to this exact issue.

 

[Some Random Guy]

a "statute of limitations" does not apply here. However, your lawyer can use the delay in drawing blood to argue in court that the BAC at time of drawing blood was different than when you crashed.

But unless you chugged four shots immediately before the accident, your BAC should be noticeably lower at 4:30 than at 1:50.

 

[InsaneJane]

What was your BAC? and did they set up any IV's before drawing your blood?
Was the person that drew the blood also involved in your emergency treatment at the time? What was the chain of custody?

 

[BigMistakeFl]

They probably did not and will not give you the BAC results. It may take a lawyer to discover that information, though you can request it yourself. Your attorney can argue as you have suggested, but based on the time span you posted, your four beers should have been metabolized away for the most part, so you should get a good night's sleep tonight, knowing full well that your BAC was surely barely above 0.01.

(Insert interesting follow up thoughts here)