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DUI Dismissed Won DMV with a Refusal Allegation 2/2022

Minor Arrested for DUI after Accident -- Charges Dropped; Won DMV Hearing.

March 2015

In Contra Costa County, police responded to citizen complaints of a vehicle driving at “high speed” and sounds of “burning rubber” at the high school late at night. Upon arriving at the scene, police discovered “X” (a minor) had been involved in a traffic accident which resulted in the air bags of the vehicle being deployed. “X” admitted to the officers to consuming some alcoholic beverages. Police administered Standardized Field Sobriety Tests (SFSTs), as well as a Preliminary Alcohol Screening (PAS) test, which showed that “X” had a Blood Alcohol Content (BAC) of 0.06%, below the legal limit for an adult DUI, but above the 0.05% level needed for a charge of violating Vehicle Code §23140.

At the police station, “X” took both a breath test and a blood test. The breath test confirmed the level of 0.06% blood alcohol, while the blood test was negative for any sort of other drug.

I was able to get all of the criminal charges dropped, and won “X's” Administrative Per Se hearing, avoiding a potential one-year license suspension.

Court: Contra Costa 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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