Client was arrested for DUI and provided a blood sample. The Sheriff’s Crime Lab tested the blood with a 0.09% result. A re-test at an independent lab showed a result of 0.07%. The DMV ignored the re-test and expert testimony and suspended Client’s license.
How we won:
We established that the 0.07% test was valid and rebutted the presumption the Client was driving with a BAC of 0.08%. We showed that Client’s expert witness was credible and the DMV’s expert was not. Without the three-hour presumption the DMV did not have evidence Client was driving with a BAC of 0.08% or more. The Court agreed and set-aside the suspension.