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Case Results

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.  

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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.