Now, I don’t condone drinking and driving, but 40 minutes may be enough time for your blood to go from “easy DUI conviction” to a “reduced charge.”
Besides, many officers really don’t want to bother with that level of testing. Sometimes, if they take you to the local hospital for testing it can be 2 hours later because you’re a low priority.
In Georgia, by the most strictest of law (letter of the law stuff) they have to take you to 2 separate hospitals for blood testing. but you need a good lawyer to argue that appropriately.
Not very often. You throw off ethanol much more slowly than you absorb it and in a hour's time you'd only go down about .01 depending on your size and weight. So that would only matter if you were right at the line when you got arrested. If that was the case I rather argue against the borderline BAC than the refusal that goes along with a blood draw. The fact of refusal goes to the jury and creates a rebuttable presumption of intoxication.