DUI Case Dismissed by DA
My client was charged in San Mateo County with a DUI after an officer pulled him over for driving at nighttime on the freeway with his headlights off. Following the stop, the officer alleged that my client performed poorly on all of his field sobriety tests. At the roadside my client's BAC was measured as 083% and a .086% twenty-five minutes after the observed driving. An hour and a half after my client was given the roadside breath tests the officer had my client's blood drawn. My client's blood test returned at a .07% BAC. Normally, the District Attorney would take a case like this out to trial and simply argue that based upon the roadside breath tests, as well as, retrograde extrapolation that my client was a .08% or greater at the time of driving. But, here they didn't do that. They dismissed the case completely. My client did not suffer any penalties in this case from the DUI charges that the District Attorney had filed against him. Good for my client – he didn't have to go to trial to get exonerated in this case.