What do you think will happen?

[iiabdfi]

What is the name of your state? VA

I posted awhile back after this first happened, but wanted to give a few more facts after talking to an atty, and see what you think.

My bf and I were in my car driving home and he fell asleep or something. He had pulled off the road a mile or so before and gotten out of the car and told him he didn't "feel right" but that he was ok. He had been drinking earlier in the night, and was also overdue for an injection he takes regularly for another health condition, so we assume that the mix of the two factors was the reason for the way he felt.

Anyway, he went off the road a mile or so after getting back on the road, and there were no witnesses or other cars involved. I got out of the car and managed to get him up the embankment, and call 911. I am not sure what time the accident occurred, if we were out at all, and how much time passed after the accident before I called 911.

He did receive a DUI later at the hospital, and the level was .14 or .15. However, he was never told his license was suspended at any point, I guess b/c of his injuries and he naturally didn't drive for the next week or so.

The atty says that we have a good case for two reasons: There were no witnesses and therefore we don't know what time the accident took place. He said BAC testing needed to be done within 3 hours of the accident, and b/c we have no idea when it happened, this will be hard to prove. The officer also left the time blank on the citation. He also mentioned that in the hospital records it says the officer sealed the blood sample and that betadine was used and he thinks both of those may be in our favor, although I'm not sure why??

He goes to court next week, and I'm wondering what you may think. He's not concerned about losing his license really. We know mistakes were made and he is fully prepared to pay the consequences.

[Ohiogal]

I would not count on getting off. The attorney can argue however that level shows that your bf was above the acceptable legal limit and hence is guilty of the offense.

[iiabdfi]

He's definitely not planning on getting off, but of course it would be a welcome surprise.
I guess I am looking for info on why the time of everything matters so much, as well as any info on betadine, etc and what part that may play.

[iiabdfi]

Just bumping to see if anyone may have any feedback....

[fairisfair]

GOOGLE

betadine false positives for blood alcohol

[BigMistakeFl]

One argument your attorney could make is that he was not drunk at the time of the accident because the BAC may have been taken too many hours later. Drink a bunch, drive home right away and the alcohol may not have had time to course through the bloodstream. This might hold water, were it not for the accident.

[iiabdfi]

Well, we went to court this month. His atty was basing his argument on the fact that there was no time placed on the ticket, and although we know when the 911 call was placed, we do not know when the accident actually occurred. We do not know if he and I were "knocked out" and sat there awhile or if we got out right away, therefore we don't know if the blood test was done within 3 hours of the accident given we don't even know when the accident occured.

The officer said that my bf was "pretty aware" at the scene (which isn't really true-- he was in a state of shock if you ask me) therefore the officer felt his comments at the scene about timing were probably accurate. (He told the officer the accident happened 30 or so minutes ago.)

Well, it got continued so we could get the medical notes from the rescue team, and upon getting them this week we see that they noted possible "blacking out" and that he was "unstable". We are thinking this will really help us, but we'll have to see I guess. He goes back to court next month.
Thanks for all of your feedback and valuable advice. This has been a learning experience if nothing else.