Legal Question in DUI Law in California
DUI arrest California - missing blood test
I was arrested for DUI in California and took a blood, not breath test. I requested all the paperwork from DMV for my hearing with them which I just received. The paper work has Laboratory examination from county forensics with Drug test results (that were all negative), but there is no record of a blood alcohol test or a blood alcohol level listed anywhere.
1. Did they screw up and just for get to test for my BAC or is there probably another test that wasn't sent to me?
2. Assume that this makes my DMV hearing stronger since they are supposed to send me all paperwork and none of the paper work has any BAC level listed anywhere.
3. Will they just go back and test my blood for the criminal case?
What is best course of action at this point?
2 Answers from Attorneys
Re: DUI arrest California - missing blood test
The best course of action is to hire a lawyer that has handled many of these issues. Even if it is good news for you, without the experience of handling it before, it may not turn out the way you want it to.
Good luck!
If you decide you need help, feel free to call my office.
Re: DUI arrest California - missing blood test
Aren't you also charged with V.C. 23152(a)? This requires only impaired driving, as shown by the police testimony, your performance on field sobriety tests, etc. Even though the lack of blood test results should blow the (b) count out of the water, the DMV can still rule against you because of the (a) count.
Still, this screw-up is good news. You should hire a lawyer (either get the public defender or hire a private attorney) to take maximum advantage of it. The DMV and DA are both more likely to take you seriously if you have an attorney.
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