DMV Suspension Hearing, DUI Driver with Blood Alcohol Level of .17
Jan 01, 2012OUTCOME: Won Hearing - Suspension Set Aside
In the Matter of D.M.V v. M.C. (2012); California Department of Motor Vehicles, Riverside Office, D.L. # X4129XXX; Michael represented the driver in this DMV Administrative Per Se Hearing. The DMV soug ... ht to suspend the defendant’s driver’s license based on an allegation of driving under the influence. The defendant had been arrested by law enforcement after he crashed his car on a freeway on-ramp. The defendant’s blood alcohol level was .17 based on the post-arrest blood test. Michael focused on the fact that Vehicle Code § 23152 requires that the blood alcohol level is only presumed accurate if the test is conducted within three hours of driving. On cross examination, Michael got the arresting officer to admit, contrary to the arrest reports, that he did not witness the accident and could not testify as to what time it occurred. Accordingly, the officer had to admit that he did not know whether the blood test was conducted within three hours of driving. The DMV hearing officer found in favor of the defendant and set aside the suspension.
