The Client was stopped for DUI. He did a Preliminary Alcohol Screening (PAS) test 22 minutes after being stopped with a result of 0.086%, and two minutes later a PAS of 0.088%. Twenty-six minutes later he did a blood test with a 0.08% result. At the DMV hearing the Client’s expert testified his BAC was rising and 0.07% or less at the time of driving. The DMV Hearing Officer then asked the expert to calculate the Client’s level using the Widmark Equation with information provided by the Hearing Officer. The expert did and concluded that using the Widmark Equation the Client’s level would still have been below 0.08% at the time of driving. The DMV suspended the Client’s license anyway. He came to us and we filed a petition for writ of mandate seeking to have the DMV’s decision overturned.
How we won:
The Client came to us to save his license and livelihood. We were able to demonstrate that it was likely the DMV had abused its discretion by completely disregarding the Client’s expert’s testimony. The Court put the suspension on hold while the case is pending.