Another DUI Hearing Victory, by Bill Haney – Ventura County Criminal Defense Attorney
Last week, I successfully defended another license at a DMV hearing. In this matter, we obtained calibration records for the breath testing device and convinced the hearing officer that the client’s blood alcohol level was likely below .08 at the time of driving.
In a DMV administrative hearing, the Department will suspend a person’s driving privilege if it determines by a preponderance of the evidence that (1)a peace officer had reasonable cause to believe that the person had been driving a motor vehicle under the influence of alcohol or drugs, (2) the person was lawfully placed under arrest, and (3) the person was driving with .08 percent or more, by weight, of alcohol in his or her blood. (Molenda v. Department of Motor Vehicles (2009) 172 Cal.App.4th 974, 985.)
In my client’s case, the hearing officer reasonably concluded that while my client answered the officers questions and performed field sobriety exercises, his blood alcohol level rose from below .08 at the time of driving to a higher level at the time of the chemical breath test. This is sometimes referred to as a Riser Defense.
I am a former supervising prosecutor in the Ventura County District Attorney’s Office. I now faithfully serve clients charged with Driving Under the Influence of Alcohol in Ventura County. If you or a loved one find yourself prosecuted for DUI in Ventura County, please don’t hesitate to give me a call. My initial consultation is free.