CdwJava
Senior Member
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
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