No they send it to Sacramento. Go to the dmv and request an ID card
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Sorry to break it to you, but you have been arrested for DUI. Most likely, both VC 23152(a) (driving under the influence of alcohol/drugs) and VC 23152(b) (Driving with .08 or greater BAC). That's the only way they can take a blood draw. Moreover, even if the result comes back at less than a .08, you can and likely will be charged with atleast the (a) allegation. Though, I have seen some Prosecution offices charge someone with the (b) even their their chemical test shows a .07%.
Additionally, no one passes the Field Sobriety Tests. Officers always say they take the "totality of circumstances" into making the decision to arrest. But in reality, as soon as you admit to driving or if they smell alcohol, you will be arrested whether you agree to perform the tests or not.
Anyway, the only way to get your full license back is to request a DMV hearing and fight the DUI in Court. By requesting the hearing, you can keep at least a temporary license as sometimes it can take several weeks to get lab results back regarding BAC level. That way you can avoid DMV suspension after that initial 30 window that your pink temporary is good for. If you don't request the hearing, you're license will likely be suspended automatically. Keep in mind, however, that you only have 10 days from the date of arrest to request this hearing. So do it quickly. Don't assume you're BAC will come back below the limit.
Second, even if DMV case doesnt move forward because of having a BAC lower than .08, your license can still be suspended if you are convicted of a DUI in court.
As far as suspension periods go, it can be anywhere from 4 months, to several years, depending on whether its a first offense, if there was a "refusal" to submit to to a chemical test, etc.
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You failed the field sobriety tests. How do I know? The officer arrested you and took you in for a blood draw. The officer saw something in your performance to justify arresting you for DUI. That is the whole reason for the field tests...for the officer to determine if they have a reason to arrest you.
Unless you are 100% certain you had NOTHING to drink at all and took no drugs of any kind, then do not be so confident in the results of the blood test. Even one drink could make this outcome be very different for you.
You cannot get your license back until DMV determines you had a BAC less than .08. Which in turn means waiting until the crime lab does its analysis and then forwards the results to DMV.
I'm the mean time, request your hearing from the DMV within the 10 days prescribed. Setting a hearing date may move the process along quicker in that the DMV will actively seek the results from the lab. It will also add a layer of protection in case the results don't come out as you think.
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The very first thing you need to know is that you MUST contact the DMV within 10 days of the arrest to address license revication issues. I would suggest that you have an experienced DUI attorney with you at that hearing because if skillfully done, it can help create a record foryou to later use should you decide to go to trial. If the officer testifies, his testimony can later be used to impeach him or her if they testify differently. Likewise, it could also be used to impeach you if you choose to testify and make any statements inconsistent with your statements at the hearing. This DMV hearing is where license suspension will be decided while you await trial. It is where you can address getting a photo ID or getting your license back for your employment.
Second: Quite a few people make the mistake of believing that a DUI is simple, and nothing important. Many, like you, decide for one reason or another to represent themselves. You do have this right. It is constitutionally guaranteed. That, however, does not mean it is wise. A DUI, even a first DUI, may be open to challenge based on the facts and it is exceedingly important to fight if you do have a case, since DUI's are priorable (meaning that if you have one and get another within 10 years, the penalties are increased. If you get two more they are significantly increased and it may be charged as a felony. After three in ten years, they will be felonies. Also, even after a first DUI, if you are later driving a car and have alcohol in your system and someone is injured in an accident as a result of your actions, you may be charged with murder. Employers tend to view DUI's very negatively, especially if you have to drive a company vehicle because it may increase their insurance and liability. There are also license repercussions. You need to have an attorney from the earliest possible moment in the development of your case, including the DMV hearing as this may be used as a record to impeach you at a subsequent trial, if your testimony differs at all between the two proceedings.
DUI law is incredibly complex and fact specific. It is one of the only areas of law in which the jury may be instructed that they may presume you were guilty if your chemical tests are reported as .08 or above. There is also a second charge in which the people only have to prove (still beyond a reasonable doubt) that because of alcohol, you were unable to operate your vehicle with the same care and caution as a sober person.
You absolutely need an attorney, although as I said above, you have the right to represent yourself. You will want to find someone well versed in DUI law, who is familiar with and may spot available defenses, take the mystique from the "expert" witness that the prosecution will have testify against you, who understands how to challenge the chemical test, and who is adept at cross examining the police officer. Police officers testify quite often, especially in DUI trials, so they have quite a bit of experience and training in dealing with the jury.
Feel free to contact my office for a free initial consultations. Many attorneys here on Avvo offer free consultations as well.
Amber Lunsford, Attorney at Law
Offices in Sacramento and Los Angeles
916.692.8621 or 424.274.1183
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