My brother crashed his car and it is a total loss. There was no injure on him neither to a third party property but he was 0.08% Bac on his test at the moment. His crash was mostly because he fell asleep due to lack of sleep from previous days. he was taken the ER but I picked him up after a flew hours he was released and completed his medical routine checks.
Your brother can get the breath test results by asking for copies of the police report and other evidence (discovery) from DMV. He would ask for this at the same time he requests the DMV hearing (request for a hearing must be made within 10 days from the date of the arrest or DMV will automatically suspend after the 30 day temporary license expires). He can also get the results when he appears in court for his Arraignment. Usually it is the attorney who makes these requests but he can request this discovery if he is representing himself although it is strongly advised that he be represented by an attorney.
The only way to avoid a suspended license is to win the DMV Administrative Per Se hearing AND to have the DUI dismissed in court. A conviction for another charge will not affect his license so long as he does not have a prior conviction for DUI in the past 10 years. He should consult with an attorney on this, however, as the issues are complicated.
This answer is based on California law and procedure and does not create and attorney-client relationship.
Hopefully your brother requested a DMV hearing within 10 days or still has time to do so. After that, the next step is to get a lawyer. The lawyer will get the breath test results at the first court hearing or will request them from DMV.
He needs to request a DMV hearing. Once he does that he will get a copy of the discovery which will include the BAC results. He only has 10 days from the date of the incident to request a hearing. He will also get discovery from the DA. If his BAC was .08 the DMV will look to suspend unless him or his attorney can show he was not actually at a .08 at the time of driving. An expert may be needed to testify at the DMV hearing. Consult with some attorneys who practice in the courthouse where the case will be heard. Most of us DUI attorney also handle the DMV hearings.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline