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