When the driver that is accused of drinking and driving chooses to submit to a blood test, the driver is normally transported to a hospital for the blood test. However, blood tests for person suspected of DUI or DWAI can also be conducted by a paramedic, phlebotomist or other qualified person and these tests can be done at other locations, i.e. fire department, on scene by an ambulance, and even a mobile police unit (motor home). When the driver chooses a blood test, a sample of the driver’s blood is sent to a laboratory for testing. If the driver decides to submit to a blood test, the driver will retain their driver’s license and the laboratory will send the blood results to DMV. If the blood results are above a .08 BAC, the DMV will send the driver a letter informing the driver that he or she has a blood alcohol conduct of .08 or higher, is accused of operation a motor vehicle while drunk, and that the driver’s license is being revoked. The driver accused of DUI then has 7 days to request an administrative hearing and that the person’s driving privileges will expire 7 days after notice is sent. Within the 7 day period, the driver is required to physically bring his/her driver’s license to the DMV and request a hearing. The DMV will then take the driver’s license and give the driver a temporary driver’s license that is valid until the administrative hearing date or 60 days, whichever is less.
