Legal Question in DUI Law in California
Do I have the right to request my BAC test results before I go to court. I took a breathalizer test when I was pulled over. When I was taken to jail they took a blood sample.
1 Answer from Attorneys
You can request, but you are unlikely to receive them before your arraignment, especially if your local law enforcement agency uses one of the state Department of Justice crime labs, which seem to have more backlog than most private labs that contract with counties.
Generally, the DA will provide results to your lawyer after arraignment. In many of the counties where I practice, the DA will give me reports ahead of time, but they usually won't do this with people representing themselves... in part because it is illegal to disclose certain information about witnesses to the defendant.
In some other counties, the clerk will inform you of the blood test results at arraignment. This is for people who may still be deciding whether they want to hire a lawyer.
You may get the results sooner through DMV if you requested an administrative hearing. If you didn't request a hearing within ten days of your arrest, DMV will automatically suspend your license, effective 30 days after the arrest.