QUESTION

How can I get my preliminary breath test and my bLood alcohol level if the DA refuses to give it to me?

Asked on Dec 03rd, 2012 on DUI/DWI - California
More details to this question:
I was pulled over on November 25 @ 3:30 am. They didn't informed me what is my breath test result. They just handicapped me and bring to the jail. While I was there, they also took a blood test too. I want to know my alcohol level first before I get some attorney. Called the DA office but they refuse to give it to me. They said to have to wait for my first court hearing.
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4 ANSWERS

They will only give it to your attorney. You should try to request a dmv hearing. Look at your temporary license for the procedure. You must make the request before the dmv closes on the 6th.
Answered on Dec 07th, 2012 at 12:56 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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They are correct. Neither the D.A., nor the police, are obligated to give you the results of your BAC test until your arraignment.
Answered on Dec 05th, 2012 at 9:05 PM

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It is normal for a blood test result to take over a month to get to the DA. Therefore, it is unlikely that they have the blood result back. The DA's office will not turn over discovery until a case is filed. Before that time investigation can be on going. The only way that you may get the discovery before your arraignment is to hire an attorney and have him try.
Answered on Dec 04th, 2012 at 1:03 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Just as you were told, you'll get it, and all the prosecutors evidence reports and pleadings when you appear at your first court hearing, not before. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I'll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.
Answered on Dec 04th, 2012 at 1:02 PM

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