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DUI Dismissed Won DMV with a Refusal Allegation 2/2022

DUI with 0.23% Blood Alcohol - Second Offense -- Charges DROPPED!

February 2015

B.W. was sleeping in a legally parked car, on the street with the engine running, in Contra Costa County when approached by a police officer. He told the officer that he was “not sober” and “not able to drive.” He also told the officer that he would not participate in any Field Sobriety Tests (FSTs) or take a Preliminary Alcohol Screening (PAS) test – as was his legal right not to do. The officer placed B.W. under arrest, and checked with Dispatch to find that B.W. was on DUI probation from a prior conviction. A blood test later revealed a Blood Alcohol Content (BAC) of 0.23%!

B.W. was charged with a second offense DUI, plus an enhancement clause for "Excessive Alcohol," meaning having a blood alcohol content of 0.15% or higher.

Through our detailed investigation, I was able to get all charges dismissed, and won my client's Administrative PerSe hearing with the Department of Motor Vehicles, saving B.W.'s driver license from a mandatory one year suspension! 

Court: Contra 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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