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The Value of an Expert Witness

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
  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 Your BAC Reading

An individual's 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 (0.08%) 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 DUI.

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.