I had asked this question earlier, Was not arrested at seen, but 6 months later warrant was issued for arrest for DUI?

Asked almost 5 years ago - Fresno, CA

To finish the question I had earlier about the DUI, a blood test was done at Hospital, but I was not advised that this was for a DUI charge. I was told it was to check me out at the hospital, officer said I looked fine at hospital and told me to take it easy, The blood test came back at .08% several months later, I had blood retested and came back as .07%, like I said before the blood was taken without consent for a DUI charge I didn't know I was being considered for the charge when they drew the blood, and the officer said I did not look like anything was wrong with me, I believe my rights where violated. The officer testfied at the DMV hearing that he did not arrest me, so they dismissed the charge and set it aside, I know criminal court is different, but I was never arrested.

Attorney answers (5)

  1. John M. Kaman

    Pro

    Contributor Level 20

    Answered . The answer to your caption question is that the DA has one year to file misdemeanor charges, which most duis are. He would have longer if yours were of the felony persuasion.

  2. George Fredrick Mueller

    Contributor Level 14

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

    If the legal limit for a California DUI is .08, can I still get prosecuted for a California DUI - driving under the influence of alcohol - .07?

    Yes.

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

    Get a good lawyer at www.dui-help.com

  3. Edward Jerome Blum

    Contributor Level 16

    Answered . The issue of blood draws at hospital without consent is up settled. Generally, the cops have the right to take the blood, even by force, because if they wait for a warrant the evidence will be gone.

    If your test resulted in .07 you can definitely fight the .08 0r above. If you were at a hospital, there was probably an accident. If it was your fault it may be harder to fight the DUI case. You may be able to plead to a reckless or Exhibition of speed.

    Edward J. Blum

  4. Terry Alan Wapner

    Pro

    Contributor Level 11

    Answered . Keeping in mind that the issues are different at the DMV hearing, it was likely set aside because of the .07 or because the test must be done AFTER an arrest. That does not apply in the criminal case. The blood result will still come in (barring any other issues that could keep it out). There may be many issues to attack the result, but that would be at a trial (or motion). The DA could still file and proceed on the DUI if they choose.

  5. Terry Alan Wapner

    Pro

    Contributor Level 11

    Answered . I meant to say BEFORE the arrest. Sorry.

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