Police were called to handle a suspicious vehicle obstructing the flow of traffic. The Officer found the Driver asleep and slumped over the steering wheel. The Officer opened the door to find the Driver had the vehicle in gear with his foot on the brake. After the alcohol scented Driver awoke, he agreed to participate in Field Sobriety Testing and a Breathalyzer Test. The Driver failed field testing, blew .188 and .187. With an alcohol level over twice the legal limit; the Police arrested and charged the Defendant with DUI. The Department of Motor Vehicles suspended the Defendant’s license pursuant to the charges of DUI.
RESULT: The defense requested a Formal Administrative Review Hearing with the DMV to challenge the suspension of the Client’s license. The Defense filed a Motion to Invalidate Evidence, subpoenaed the arresting Officer and the breathalyzer technician. The Hearing Officer ruled there was insufficient evidence to support the Client had an unlawful blood-alcohol level of .08 or higher. The Attorney pursuaded the DMV to LIFTthe suspension of the Client’s license!