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DUI Dismissed Won DMV with a Refusal Allegation 2/2022

DUI Case – 0.08% Blood Result -- DISMISSED!

January 2015

S.S. suffered a first-time DUI arrest. Got charges dropped, and won Administrative Per Se hearing with DMV.

A CHP officer observed a car weaving on the freeway and initiated a traffic stop. S.S. admitted to drinking, and voluntarily agreed to take some Field Sobriety Tests (FSTs), as well as blow into a Preliminary Alcohol Screening (PAS) device. Test results shows a Blood Alcohol Content of 0.80% and 0.082%. After being placed under arrest, S.S. opted for a blood test, which came back at 0.08%.

I had the client's blood retested by an independent lab – one that doesn't work for the government – and the results showed a BAC below the legal threshold of 0.08%. As a result, the case was dismissed, the Department of Motor Vehicles cancelled the driver license suspension, and all ended well!

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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