Here's how to get your blood test results. They can be obtained by your defense attorney/public defender through a simple request from the District Attorney and/or a Subpoena Duces Tecum (SDT) of the results from the lab.
How you get your DUI blood test results isn't exactly simple or short. Your blood test results should be made available to your defense counsel at your first court appearance, your arraignment, which should be noted on the citation you received when released from police custody. Blood samples are typically analyzed in bulk and sometimes your results are not ready by the time the District Attorney typically files a complaint against you. In this situation, your arraignment will either continue on the 23152(A) count, driving under the influence, and the (B) count, driving with a BAC in excess of .08% will be added to the complaint by a later amendment.
If you have made a timely request for administrative hearing at the DMV within 10 day of your arrest date and requested department discovery, you will also receive the blood results from the them as well. This request for hearing is typically handled by your private attorney and as a result DMV discovery is typcially not available before your arraignment date.
In either event, I believe that nearly every blood sample in a DUI case should be retested by an independent lab. More than 50% of the time the retest comes back lower. A retest will confirm that the proper preservative was used showing reliablity in the test. Moreover, I have had a serious injury DUI case in Alameda County where the matter was dismissed because the prosecutor was unable to produce the sample for retest. Retest's cost about $150 to $400 depending on the analysis (drug v.s. alcohol).
The two answers already given are correct but I believe your question was how do you get the results not how your attorney might get them. They will be stated in the complaint which you will be given at your arraignment. If they are not then available you should send a letter to the DA asking for them.
Having said that you should not go this alone. A DUI has serious consequences which will be costly to you over the years. A DUI attorney knows defenses to these charges that I doubt you would come up with on your own (and there's no reason you should).
Discovery process through DMV or court. Depending on the agency it can take as little as two weeks to as much as 4-5 months.
Edward J. Blum
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