1st offense DUI - 2 ?s: DMV, I refused to blow, can they obtain blood test from hospital. Criminal - misdemeanor or felony

Asked over 4 years ago - Los Angeles, CA

I was involved in an accident, other driver pulled out in front of me from a side street & I hit their car. I was in the hospital for 4 days, they walked away, only complained of pain. Apparently I refused to blow, was knocked unconscious & given massive amounts of pain medication in the emergency room. I was booked absentee. Can DMV obtain the blood test from the hospital for the hearing pertaining to me keeping my license?
After researching the web, my understanding is that I can be charged w/a felony if, 1) Bodily injury incurred by other driver, must be transported to hospital, & 2) BAC levels. Is my info accurate? Investigating officer informed me (after release from hospital) that I was charged w/a misdemeanor & that I would hear from the city attorneys in 6-8 wks w/a formal charge

Attorney answers (2)

  1. Chad Raymond Maddox

    Pro

    Contributor Level 12

    4

    Lawyers agree

    Answered . No doubt about it... you need to hire an experienced DUI attorney. If you get nothing else from this response, please take that advice to heart.

    It appears your case will be a misdemeanor because you have no priors and there was no "serious" injury. As to your refusal, its possible you might defend against a refusal allegation given the fact you were on medication and had a head injury or were otherwise rendered unconscious for part of the time. You may want to fight the refusal allegation especially if you are charged with VC23152 (DUI) rather than VC232153 (DUI causing accident without injury), because the latter carries a 1 year CDL suspension, but the former does not. The DMV will likely not even try to get your BAC level if they are proceeding against your privilege based on a refusal (They don't have to show BAC, they have to show refused). Do yourself a favor and hire a DUI attorney. Find one that belongs to the California DUI Lawyers Association. Google it.

  2. George Fredrick Mueller

    Contributor Level 14

    3

    Lawyers agree

    Answered . ou unfortunately had a motor vehicle accident and may be facing possible misdemeanor or felony DUI charges. You want to know what the possible penalties are and what you should you do. You need to know what you are facing. You are scared and do not know where to turn. Help is here at AVVO.
    1
    Felony or Misdemeanor, the Need to Retain a Qualified California DUI lawyer

    Even a low BAC in a serious DUI accident with death or injury could get you in big trouble. You require a professional approach to draw them out properly so that you don’t lose every step of the way - an approach like that of a California DUI attorney. California DUI police sometimes do not follow rules or procedures. A California DUI attorney can see to it that you are protected yet proper steps are taken to ensure the victim situation is handled properly. Be careful as California DUI attorneys just cannot make mistakes which could affect your freedom and license. In California, a BAC – blood alcohol content – of any amount may be a big problem, particularly if an accident. Your California DUI attorney might be able to cut you a deal so you can avoid prison and/or a felony and many harsh penalties. Excellent questions to ask when searching for a California DUI lawyer: What are his or her California DUI attorney's qualifications? Is he or she a Specialist?

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