Misdemeanor DUI (VC §23152)
Mar 14, 2011OUTCOME: Dismissed
Client was stopped at a DUI checkpoint after a dinner and a night out with friends. When asked by police, he admitted to a single drink several hours earlier. He was directed to a secondary investigati ... on area where the optional so-called “field sobriety tests” were administered. The officer noted slurred speech, bloodshot watery eyes, difficulty maintaining balance, and horizontal gaze nystagmus. He was sent to another area where a chemical alcohol test was administered. His license was taken and he was issued a temporary license pending a suspension in 30 days. He was arrested and booked for DUI. Upon my investigation, I learned that the results of the chemical blood alcohol tests showed a BAC significantly lower than 0.08%. I immediately contacted the DMV as well as the prosecuting agency and “explained” to them why the matter should be summarily dropped and all charges dismissed. DMV Case Dismissed. Criminal Case Dismissed.
