Legal Question in DUI Law in California

BAC test prior to arrest

I just recieved a favorable ruling from DMV in my DUI case. The facts of the case were that I was involved in a traffic collison, I drove up on a median. There were some minor injuries and I was taken to the hospital. The arresting officer's statement states that blood was drawn for the chemical test prior to the arrest being made. I do not really recall the events of that night. My attorney argued that since this was the case and no test was administered after the arrest that the suspension should be set aside and DMV concurred. I am trying to get feedback as whether or not this agrument will work in the criminal case. I just recieved the news of the DMV hearing today and have not had a chance to speak with my lawyer but I wanted to get feedback from more than just her as to whether or not this might be a successful route to take or if it does not have any bearing on the criminal case.


Asked on 2/17/05, 7:34 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: BAC test prior to arrest

There is a difference between the DMV hearing and a trial. The police officer's testimony as to what he observed may be sufficient for a conviction. Your attorney appears to have done an excellent job for you.

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Answered on 2/17/05, 10:11 pm


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