Can The “3 Hour Rule” Get Your DUI Case Dismissed?

Bakersfield DUI Attorney, Bruce Blythe talks about the importance of the 3 hour rule on his website.  The following is an excerpt of the discussion:

” since a person’s BAC changes over time it is not always
easy to establish that the driver was at that same level, particularly when the blood is drawn hours later. To remedy this problem the law states that the DA gets a presumption(rebuttable) that the result was the driver’s actual level at the Time of driving as long as it is collected within 3 hours from the time of driving. If the sample is collected outside the 3 hour window they can still use it in Court but the prosecutor must establish that the level was above .08 through independent evidence, such as the use of an expert toxicologist. This rule is often overlooked by defense counsel and should always be scrutinized when evaluating a DUI case”

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