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2nd Offense DUI, PLUS Hit-and-Run, Resisting Arrest, Battery Upon a Police Officer, and more!

March 2015

A car-and-motorcycle collision occurred in Alameda County, and the car left the scene. A bystander witnessed the collision, followed the car, and reported its location to authorities.

R.G. was contacted by two law enforcement officers, who refused to cooperate with them, would not perform any Field Sobriety Tests (FSTs), which were voluntary, nor take any chemical tests (breath or blood), which – under California's Implied Consent Law, are not voluntary; you must take one or the other. According to the officers, R.G. resisted arrest, repeatedly struck the officers, and tried to run away.

Once R.G. was placed under arrest and transported to jail, the officers obtains a Warrant for a forced blood draw. The blood test showed a Blood Alcohol Content (BAC) of 0.18%.

R.G. was charged with a Second Offense Offense DUI, with two “enhancement clauses”: 1) refusing a chemical test, and 2) “excessive alcohol consumption” for having a BAC of 0.15% or higher.  R.G. was also charged with hit-and-run, resisting arrest, assault on a police officer, and violating Probation stemming from the first DUI conviction.

I was able to get R.G.'s charges reduced, and won the Administrative Per Se hearing. Had I lost the hearing, R.G. would have faced a one-year driver license suspension.

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Lynn Gorelick

Lynn Gorelick has been an attorney for 30 years. She is the Attorney Lynn Gorelick is the President of the California DUI Lawyers Association and a Faculty and Sustaining member of the National College of DUI Defense.

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