If you were arrested for DUI in California and the DMV has already suspended your license, it can feel confusing to learn that the criminal court has not yet filed your case. Many people in this situation want to know how to get the arrest video, body-camera footage, police reports, and blood test records. Even without a court case, there are several ways to obtain important evidence that may help your defense.
California treats a DUI arrest as two separate processes. The DMV begins the Administrative Per Se (APS) action immediately, while the prosecutor may take weeks or months to decide whether to file criminal charges. This delay is common and does not prevent you from seeking evidence related to your arrest.
You do not need an open criminal case to begin gathering evidence. Police reports, dash-camera footage, and body-camera footage can often be obtained directly from the arresting agency through a Public Records Act request. This includes:
These requests are time-sensitive because many agencies delete video within 60 to 90 days unless it is formally preserved.
If your DMV APS hearing already occurred, or if you requested one, the DMV must provide certain evidence as part of the discovery process. This typically includes:
Even after a suspension is imposed, you can request additional discovery related to your DMV case.
Many drivers are marked as “refusals” even when they attempted to take a test. You can still request:
These records help determine whether a refusal allegation was correct or whether the officer made a mistake.
You cannot issue a criminal subpoena until a case has been filed. However, attorneys use several tools to obtain evidence before filing, including Public Records Act requests, DMV discovery, preservation letters, and early communication with the prosecutor’s office. These methods often produce the same evidence that would later be subpoenaed in court.
Evidence obtained before filing can significantly affect the outcome of your case. Body-camera footage may show that you did not refuse testing. Dash-camera video may reveal issues with the traffic stop. Blood documentation may uncover problems with handling or analysis. In some situations, early evidence can even influence whether the prosecutor files charges at all.
An experienced DUI attorney can immediately request evidence, send preservation letters to prevent deletion, gather DMV records, and begin analyzing the case before it enters the court system. This early work can help protect your driving privileges and improve your position when the case is eventually filed.
If your license was suspended by the DMV and you need help obtaining your DUI arrest video or blood test records, The H Law Group can guide you through the next steps. Call us at (888) 499-4948 for a free consultation.
Yes. ADW doesn’t require actual injury — the act or threat of using a deadly weapon is enough for charges to be filed.
Yes. Prosecutors have up to one year for misdemeanors and up to three years for most felonies to file charges.
Contact experienced legal counsel immediately, document all relevant information, avoid self-incrimination, and coordinate criminal and family court defense strategies.
Yes, most marijuana DUI convictions can be expunged under California Penal Code Section 1203.4, provided you:
An expungement can help with employment, housing, and other background check situations. Learn more about the DUI expungement process.
Check with the court clerk or district attorney’s office regularly. Keep your mailing address current and document every contact attempt.
