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How do I get the DUI blood test result from DMV (prior to DMV hearing) by myself, not through attorney or public defender?

San Diego, CA |

I took a blood test result, which the officer said it won't be out until the court date. I know that DMV will have the result one or two weeks after I request the DMV hearing (within 10 days I got charged for DUI), How can I get the result back by myself, not through attorney or public defender, as soon as it gets ready? Hopefully it will be prior to the DMV hearing as well, because I need the report to determine where I should stand. Thanks a lot.

Attorney Answers 11


  1. Assuming you requested the DMV hearing within 10 days of arrest, and that DMV has your current address, they will send it to you in the mail. However, many of the labs performing the blood tests are back logged, so there's no telling how long it will take. The DMV hearing will not happen without the blood test result. In the event that it comes in under .08%, you won't get the result - you'll just get a set aside of the suspension from DMV. Not sure why you're waiting for blood result to hire an attorney. Whether it comes back low or high, you're better off using a locally experienced DUI attorney. Best of luck.

    Jasen Nielsen


  2. Maybe a local attorney can assist you. Many counties provide the results online. The receipt you received for the blood should provide you with the information in how to ascertain the results. In addition, you need to ask the DMV for discovery which would provide you with the results prior to the hearing. I'm not trying to be critical, but it sounds like you don't have the basic knowledge to make a determination of where you stand after you received the results since you don't have the basic knowledge in how to proceed. Therefore, I strongly encourage you to retain local counsel. Bear in mind everything you say in the DMV hearing can be used against you in the court room. Good luck.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


  3. Get it through the public defender. I am not sure why you are trying to circumvent him/her, but that is not how you should view it. He or she knows how to get it and will know how to explain it to you. Trust your public defender or hire a private attorney.

    This is not intended as individual legal advice and there is no attorney client relationship established by this answer. It is advisable that you seek individualized legal assistance. This is not a substitute for hiring an attorney.


  4. Your best bet is with an attorney. If you want to try and find one in your area here on AVVO you can select "Find a Lawyer" at the top of the page. Good luck.


  5. You need an attorney. Some counties do report results online- otherwise you just have to wait until you get discovery from DMV . Get an attorney. This is serious.

    Andrew Roberts (818) 597-0633/ (805) 496-7777


  6. You won't be able to call anyone and demand results. If you requested a DMV hearing, as soon as they get a copy of the report Nd the blood results, they will forward all of that information to you or your representative (if you have one).

    Don't make the mistake of assuming you can't win your case based on BAC level alone though.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.


  7. Good chance blood result will not be ready. The beast that is the crime labs move at their pace.
    You need an attorney who can get it from them and rush it.
    It is key that you hire the best locally experienced criminal defense attorney to represent you that you can afford. You should obtain a free consultation as soon as possible. Good luck.

    Law Offices of Mark Deniz
    1010 2nd Avenue, Suite 2307, San Diego, California 92101 (858) 751-4384
    Free Case Evaluation- Serving all San Diego County. www.denizdefense.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply


  8. It should be sent to you when it's ready after you schedule the hearing. However, don't represent yourself. Too much is at stake to fight this battle with a blindfold on. Hire the best, locally experienced criminal defense attorney you can afford ASAP.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555


  9. The fact of the matter is you already know where you stand. You were arrested for DY and are being charged with the same. There are certain legal time limits within you must act and many legal defenses that can be applied to your case. The only reason for you to wait is if you are not going to be hiring an attorney to Represent you in this matter; which is obviously a terrible decision, unless these charges mean absolutely nothing to you and you don't really care about the outcome.

    http://lawofficeofwilliamdaley.com/san-diego-criminal-attorney/dui-the-dmv

    I will be happy to speak with you at no cost by phone if you have a San Diego or California matter. Call 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com


  10. Many counties, for example Orange County, allow you view BAC results online after about 7-10 days. Your best bet if you want it faster, is, as the other attorneys have alluded to, to hire an experienced DUI attorney. Good luck.

    The answer above is for informational purposes only and is not intended to provide legal advice or form an attorney-client relationship. The above response should not be relied upon for any specific situation. If you need legal advice specific to your needs, you should consult with a licensed attorney.


  11. I'm not sure why some of these attorneys are saying you can't get the results. I tell my clients to call the crime lab about 1-2 weeks after the test, and they are always provided with the result. Plus, in California, the DMV is mandated to,provide you with discovery at least ten days prior to the hearing.That is usually prior to court. In any event, what is the rush to get it before court? Your first appearance is an arraignment. All you would need to do is get a continuance, and then the results are provided.

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