Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
My question is can they charge me for an OWI prior to getting my blood test back?
Yes, a charge only requires probable cause which is a very minimal standard. It can be based on nothing more than an officer's observation of you and their belief, based on their experience, that you were OWI.
Can they charge me with an OWI because they feel I did not pass a sobriety test?
Absolutely. That is not an uncommon thing to happen.
Can they use info from a prior arrest to charge me with an OWI?
No, the charge can't be based solely on a prior OWI.
How long does it take to get the blood test back?
There is no specific time limit. The time to get tests back varies dramatically depending upon time of year, testing facility to which it was sent, number of stops, etc.
Under no circumstances should you be talking to the DA or the police about the case at all. They are under no obligation to provide you with any information unless you file a formal motion for discovery and get an order from the court on the motion and by talking to them you risk saying something they will interpret as being an admission of guilt and being used against you later, whether what they say is accurate or not.