One very important aspect of a
California DUI case concerns one's driving privilege and the California
DMV's Administrative Per Se hearing. In general terms, at such a hearing, the DMV is directed to suspend one's
driver's license if (1) the police officer had reasonable cause to
believe that one was driving in violation of the DUI laws, and (2) there
was a lawful arrest or detention, and (3) at the time of driving, one
had a blood-alcohol content of a .08%, or greater.
Disputing A BAC Reading
blood alcohol content is not a static number however. Over the course of time, alcohol
is absorbed and eliminated. This absorption and elimination itself is
greatly impacted by one's eating food, and drinking pattern –
as well as a number of other factors.
If one drinks on an empty stomach, they will absorb the alcohol much more
quickly – but they will also eliminate it more quickly. Conversely,
a full meal will retard the absorption process. The key point to realize
here – is just how close these numbers often come - to situations
where one is actually below the legal limit (.08%) at the time of driving,
but above the legal limit later when they are tested - after the shock,
stress and excitement of being arrested for a
In close cases,
DMV hearings can often be won with the use of an expert witness (Forensic Toxicologist).
Such an expert can review all of the pertinent facts, including medical
conditions, and ultimately testify as to what their opinion is as to one's
blood-alcohol content at the time of driving. This expert opinion can
be the real evidence that causes one to win their DMV hearing.
Contact us for more information on San Diego DUI law and DMV hearings, including
whether or not an expert witness can be an asset in your DUI case.