You definitely should get an attorney to handle both the DMV and the criminal prosecution. A DUI incident can be a fairly complicated defense if done correctly. If the plumbing in my house broke, I wouldn't try to fix it myself, I would hire someone. You should get an experienced DUI attorney.
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BAC goes from high to low and back again within a certain range due to inadequacies with the testing device or because of other events such as burping, vomiting, or anything which will bring alcohol up into your mouth.
To obtain the video, you have to go through the criminal discovery procedures set forth at Penal Code 1054 et. seq. You cannot get it with a subpoena.
For the DMV hearing, you can subpoena MVARS from the arresting agency, although it can be tricky determining which office you need to subpoena, as some may have a special office and address for subpoena clerks who handle these requests. Additionally, for the criminal case, a discovery request can be made with the court for the MVARS as well as other additional discovery.
It is not uncommon that BAC levels come back fluctuating slightly (within .02), and this is acceptable pursuant to Title 17. Based on your BAC levels though, there are many arguments that can be made in your defense in addition to potential lack of probable cause arguments. I would recommend that you consult with and hire an experienced DUI attorney to handle both your DMV and criminal cases.
Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.
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