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DUI Dismissed Won DMV with a Refusal Allegation 2/2022

DUI at a Checkpoint. Charges dropped; won DMV hearing.

June 2015

D.A. was driving in Alameda County when he was stopped at a DUI Checkpoint. He admitted to the police officer that he had consumed a few beers, and was then asked to perform several Standardized Field Sobriety Tests (SFSTs), which he did. The officer decided to then ask D.A. to blow into a Preliminary Alcohol Screening (PAS) device, which he refused – as he was within his lawful rights to do. D.A. was then told by the officer that, under the Implied Consent law of California, he had to take either a breath or blood test. Choosing breath, the result was 0.08% BAC.  D.A. was charged with a DUI.

Following my investigation, I was able to get the charges dropped, and won the Administrative Per Se hearing with the DMV, avoiding an otherwise automatic 4-month driver license suspension.  

Court: Alameda County Superior Court

Lynn Gorelick

Lynn Gorelick has been an attorney for over 38 years. She is the Attorney Lynn Gorelick is the Immediate Past President of the California DUI Lawyers Association and a Faculty and Sustaining member of the National College of DUI Defense. Lynn is a Specialist Member of the California DUI Lawyers Association and lectures frequently to other attorneys regarding DUI and DMV issues.

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