CA DUI and DMV Questions

[mrstox]

What is the name of your state? CA
I was arrested for dui last week and was given the field sobriety test(which I was arrested on) and 2 breathalyzer tests. The breathalyzer tests came back inconclusive per the officer. Went back to the california highway patrol and was asked if i wanted breath or blood and I said blood test. I got my results back over the phone and I got a .04%. Do I still need to setup an dmv hearing to get my license back or do I just get my license back from the dmv. The dmv automated phone # says "the action will be set aside" since my BAC was less than .08% but i'm not sure that they will just mail my license back to me or what do I have to do? How do I get my blood results to show to the dmv and get my license back? This is my first arrest on suspicion of dui so I have no clue what to do. I have trial next month and was wondering if I still need to appear in court(I'm guessing I still do) or if the court will mail me something showing that the case will not go to court or what? I'm totally out of the loop on this one. Any info will be great. I will be contacting a lawyer soon but just wanted info asap. Thanks in advance.

[CdwJava]

Originally Posted by mrstox

I was arrested for dui last week and was given the field sobriety test(which I was arrested on) and 2 breathalyzer tests. The breathalyzer tests came back inconclusive per the officer.

What does that mean?

I imagine it means that there was no reading due to an error (mouth alcohol, inhaling, or some other thing) or the two readings had a difference of greater than .02.

Went back to the california highway patrol and was asked if i wanted breath or blood and I said blood test. I got my results back over the phone and I got a .04%. Do I still need to setup an dmv hearing to get my license back or do I just get my license back from the dmv.

Did you get a DS 367 Admin Per Se form? If so, and you did NOT schedule a hearing, then you might still have your license revoked if you do not show at the hearing.

Contact the DMV and ask how to get your license back.

How do I get my blood results to show to the dmv and get my license back?

They won't send the results to you, but the DMV can obtain that info.

I have trial next month and was wondering if I still need to appear in court(I'm guessing I still do) or if the court will mail me something showing that the case will not go to court or what?

You can still be DUI at .04. The state will have a much harder time proving impairment, but it can be done. Also, if they got a blood result back of less than .08, if the blood was tested at the Department of Justice they will automatically send it off for drug testing, too.

Any possibility of that test coming back with anything?


- Carl

[mrstox]

If they sent it off to a drug test, it would come back negative.

[LakersFan]

I too was arrested with .04 BAC and also opted for blood test (California). You have to ask for hearing otherwise your license will be suspended automatically. I got a letter from the DMV day before my scheduled hearing to let me know my suspension has been set aside and I will not need to attend.

[mrstox]

Originally Posted by LakersFan

I too was arrested with .04 BAC and also opted for blood test (California). You have to ask for hearing otherwise your license will be suspended automatically. I got a letter from the DMV day before my scheduled hearing to let me know my suspension has been set aside and I will not need to attend.

Lakersfan, what happened with your court case? Did you hire an attorney or defend yourself? Any info/help would be appreciated. Thanks

[theyerb]

I am in a VERY similar situation. How did you get the blood test results over the phone? I've tried to get them from the police department and the DMV. Are you planning on having a lawyer for the arraignment? Just trying to get some advice.

[LakersFan]

I did hire an attorney but at the end he really didn’t have to do much other than fax a request to DMV to schedule a hearing. Day before my scheduled hearing DMV set aside the suspension due to .04 BAC. My criminal case went the same way I was informed day before my court date that “DA rejected my case” and it was all over.
As to getting BAC results I called the arresting CHP’s office and they let me come down to their office and showed me my BAC test result on a printout.

[mrstox]

lakersfan, I set my own dmv hearing and scheduled it for next month. The date that I received is a few days after my court trial. I am debating retaining a lawyer. I"m hoping that my case will be rejected like yours but i'm not sure if it will. I dont' want to wait and realize that I have to go to court and have no lawyer. I think I will end up retaining a lawyer but just wanted to know your thoughts on whether it was worth it to retain a lawyer. Thanks for your help.

[garrula lingua]

mrstox,
When you appear for your arraignment (1st appearance), you will then know if the Prosecutor is going forward with the charges.
If the Prosecutor proceeds, you can ask for a continuance to hire an atty. The Judge will give you a minimum of two weeks continuance to return with an atty.
(If given the option, don't plead, just ask for a continuance of the arraignment; that way, you're not put on trial calendar)

[heyitsme]

Originally Posted by LakersFan

I did hire an attorney but at the end he really didn’t have to do much other than fax a request to DMV to schedule a hearing. Day before my scheduled hearing DMV set aside the suspension due to .04 BAC. My criminal case went the same way I was informed day before my court date that “DA rejected my case” and it was all over.
As to getting BAC results I called the arresting CHP’s office and they let me come down to their office and showed me my BAC test result on a printout.

I have a question for you due to a similar situation.

Do you know how many weeks after your lawyer faxed stuff to the DMV to request a hearing, that your hearing was actually set for? Reason I ask is because I'm trying to find out when/if I will hear anything from DMV because I'm pretty sure my bac will be under .08, but I'm still freaking myself out. My lawyer faxed paperwork to the DMV on April 21st and the hearing is set for June 3rd. Still haven't heard anything, but if you heard the day before your hearing and had a similar timeline to when your hearing was set for, then maybe I could relax a little haha.

[heyitsme]

bump for LakersFan

[LakersFan]

Hello, here my time line.
I was arrested on March 17th (St. Patrick's Day, bad move)
My DMV hearing date was set for May 3rd and I was informed on May 1st that my case was set aside.

[heyitsme]

Thank you