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DUI Dismissed Won DMV with a Refusal Allegation 2/2022

DUI with a Class A Commercial License – 0.09% Blood -- DISMISSED!

January 2015

E.S., who holds a commercial license and drives for a living, suffered a DUI arrest. Charges were dropped; won Administrative Per Se hearing, saving both driver license and job!

For more than 20 years, E.S. proudly held a commercial driver license and in all that time, received nothing more than a speeding ticket.   Driving in Alameda County, he was stopped for talking on his cell phone, and the officer initiated an investigation for DUI. E.S. admitted to drinking two beers earlier in the day, and after taking some Standardized Field Sobriety Tests (SFSTs), a Preliminary Alcohol Screening (PAS) device showed a Blood Alcohol Content (BAC)of 0.085% and 0.089%. A subsequent blood test came back at 0.09%.

As a part of my investigation into the case, I had E.S.'s blood re-tested. The results came back showing flaws in the original test, and a BAC that was below the legal limit. All charges were dropped; the Department of Motor Vehicles set aside the Administrative Per Se suspension, saving E.S.'s commercial driver license AND job!

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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