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DUI Dismissed Won DMV with a Refusal Allegation 2/2022

First time DUI - 0.12% Breath - Charged Reduced, Saved Driver License

February 2015

K.A. suffered DUI arrest in Alameda County. Charges reduced, and won DMV hearing, saving driver license.

A car had pulled onto the shoulder of the freeway with car trouble, and a CHP officer arrived to see if any assistance was needed. The driver replied that a tow truck was on the way and no additional assistance was needed. The officer then asked the driver to step out of the car so he could conduct a DUI investigation.

K.A. admitted to drinking alcohol. Following the Standardized Field Sobriety Tests (SFSTs), K.A. blew into a Preliminary Alcohol Screening (PAS) device, which showed a Blood Alcohol Content (BAC) of 0.121%. A subsequent breath test confirmed a 0.12% BAC.

I got the charges reduced to reckless driving, and won K.A.'s Administrative Per Se hearing with the Department of Motor Vehicles, avoiding a four-month driver license suspension.

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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