Legal Question in DUI Law in California

,45 is more than 5 times the legal limit. I think you mean .045.

What you were told is irrelevant and not enforceable. If the DA wants to prosecute, he will. With an accident and a BA at over 1/2 the legal adult limit he may. Yes the BA test is part of the hospital records, and can be used by the prosecutor. He may also have use of other blood test results to show other drugs were involved as well, to explain the impaired driving and accident.

A little free advice for the defendant, if not already too late: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or ANYONE about the case except with and through an attorney.

When and if charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you or suppressed, can you be convicted, and what can you do? If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will defend you, try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.