TX License - CA DUI

[CdwJava]

I'm confused ... did they give you a breath test in the field? If so, was it on a small handheld portable breath test device (sometimes called a PBT)? When they asked what test you wanted for your mandated test after arrest, did you request the blood test?

Unless you were handed a DS 367 form (aka an "admin per se" document) then no hearing is required with the DMV. The only time you must have a DMV hearing is if law enforcement provided you with a DS 367 and you either tested .08 or higher, or the officer believed the blood test would come back as .08 or higher. Since it seems the mandated test was .07, chances are that no hearing will take place. You might want to call them and find out what the deal is ... and, ask why you are having a hearing.

Since you mention that you were charged with CVC 23152(a), I don't think they ever alleged you were at or above .08 so any suspension will be pending a conviction in court.

- Carl

 

[lsutiger]

After being pulled over I was asked take a PBT test and blew a 0.08, after the PBT and performing the FST's I was taken to a hospital and asked to take a blood test (not offered a choice).

The officer also handed me the DS-367 document (the pink document) and was asked to request a DMV hearing within 10 days of arrest, after a couple of extensions the hearing is coming up now...

Results of the B.A.C from the original blood test I was given came back at a 0.09, I got the blood retested at an independent lab and the results came back at a 0.07.

Sorry if my earlier post was confusing...

Thanks!

 

[CdwJava]

Results of the B.A.C from the original blood test I was given came back at a 0.09, I got the blood retested at an independent lab and the results came back at a 0.07.

Okay - that clears things up.

The DMV could go either way. If I had to guess, I'd say they'd go with the DOJ or agency lab test for their purposes, but they might choose to reserve judgment for the court (provided all the other pieces for the DMV hearing fit into place).

Even if the DMV holds off on taking action, a conviction would almost certainly result in a suspension.

- Carl

 

[lsutiger]

So after all the waiting there's some good news and bad news...good news being the court case was dismissed but the bad news being DMV in its administrative action still suspended my driving privileges for 120 days...but I had a couple of questions and would appreciate any information that ya'll can give me ...

My license being out-of-state (Texas) ..when is the earliest that I can start driving in CA since my job requires me to visit CA every now and then..(have been taking a cab off-late ) and it's almost a month since the DMV suspension went into effect...? or what action is required on my part to be able to drive sooner than the 120 day period?

Any idea how long it would take CA-DMV to notify the Texas authorities?

Thanks once again for your help..