Getting lab results prior to court hearing

You can still be charged with DUI even if you're below 0.08%. If the DA feels that the alcohol in your system (no matter what level) impaired your ability to drive and contributed in any way to the accident, you can be charged with DUI.

You should also be contacting the DMV within 10 days of this incident if your license was taken by the police at the time of your arrest. If you don't request a hearing to challenge the suspension of your license, it will automatically be suspended. If your blood alcohol ends up below 0.08%, there are ways to get the suspension overturned, but it's easier to request a hearing and deal with it up front.

Because of the civil liability involved, you really should at least consult with an attorney in your area to discuss your case. Most good criminal defense attorneys will offer a free consultation. They can then discuss the facts and your options in depth.

If the agency that arrested you uses the San Diego Sheriff's Dept., call (858) 467-4600. If it was the San Diego PD, go to 1401 Broadway, SD CA 92101 in person.

Less Than .08% BAC & Still Arrested for a California DUI?!

If the legal limit for a California DUI is .08, can I still get arrested for a California DUI - driving under the influence of alcohol - when I blew only .05, .06 or .07?

Yes. Especially if an accident.

A California drunk driving charge depends on the facts & circumstances.

Can you remember going to a party, someone got drunk and started hitting on your spouse?
And when teased the next day that person swore it was only two drinks?

Alcohol affects different Californians in different ways. Some people may experience mild effects after two or three drinks; some people may be impaired after one.

California's .08 law exists because of federal funding pressure and because that law states that a .08 blood-alcohol level will impair anyone. But you may have a lower concentration of alcohol in your blood and still be allegedly impaired according to California DUI law.

At a recent party, a friend brought my portable breath test machine and began testing people. Few at that party reached a .08. One person claimed she felt too buzzed to drive by the time she reached .07. It doesn’t necessarily take a lot of alcohol to get impaired. Each person is different and so is her or his physiology.

A California DUI is one the most defended criminal cases by California criminal defense lawyers in California courts. The accused has a lot to lose if convicted. DUIs are extremely costly in terms of fines, court-imposed fees, insurance rates, ignition interlock devices, vehicle impounds, public work service, alcohol programs, and jail.

One of the biggest reasons people hire California DUI criminal defense attorneys to fight their California Drunk Driving charges is fear of losing their driver’s license. Our culture makes daily living difficult without personal transportation, particularly in rural areas.

California DUI police officers don’t always just depend just on numbers from a breath sample to decide if someone is impaired. A skilled and honest California DUI officer often knows, before doing a breath test, if the driver is likely to be arrested for a California DUI.

Unsteady gait, distinctly slurred speech, misunderstanding comprehensible directions, unexplained difficulty with basic motor skills and the manner of driving are possible characteristics that may say more about someone’s possible impairment than numbers on a machine.

California DUI laws and issues are extremely complex.

California Drunk Driving Criminal Defense Lawyers often have to deal with prosecution experts who try to claim that people can be impaired at .05.

If you are under .05, there is a jury instruction (below) that you are presumed not to be under the influence of alcohol.

If you are a commercial driver, it is unlawful to drive a commercial vehicle with a .04 BAC.

If you are an non-commercial adult driver who was charged with a California DUI at less than .08, you’ve learned the hard way that a small amount of alcohol can cause possible impairment, at least in the opinion of some California DUI police officer.

It gets very complicated for a California DUI criminal defense lawyer who must deal with many different jury instructions in California DUI cases.

Obviously, the California DUI breath test machine's numbers also
come into play. There are a plethora of issues and problems
relating to the test's proper administration, collection, maintenance, etc.

Just because there's a number does not mean that number is accurate
or reliable!

That's why smart people rely on California DUI criminal defense lawyers for help.

While I don't practice in your state, here is my take on your question.

First, while it sounds like a great idea to avoid paying an attorney because you may have come in below the legal alchohol limit, its not always that easy to avoid a prosecution for DWI.

Second, its very unlikely that the blood alchohol level will be reported back to you before you go to court. In my experience in NY it doesn't come back for 4-6 weeks quite often, so don't expect it to come back before your first scheduled court appearance.

Third, did you know you can still be charged if the blood alchohol is lower than DWI? It can still come back as Impaired, which is more likely with two drinks than not.

In conclusion, its best to have an attorney represent you in any criminal situation. The longer you put off getting an attorney, the worse your situation can become. Remember, you still have to appear before a Judge who may set bail on you at the time of arraignment. If you have any priors, that's the best time to have an experienced attorney standing at your side.

Good luck.

No you can't because you need a court order to obtain a 'split' of the evidence to be tested. Without the order, the cops won't release the sample to be tested.

Edward J Blum