In this case, the DMV could not establish a time of driving for my client because her car was broken down on the side of the road waiting for the tow truck when the officers pulled behind the car and began a DUI investigation. My client chose to submit to a chemical blood test which came back as 0.165%, double the legal limit. I argued that the officers had no proof that my client was driving with a 0.08% or above, she could have been drinking while waiting for the tow truck. I also argued that because the officers had no observed time of driving, they could not establish that the blood draw was done within 3 hours from the observed time of driving which is required under Title 17. Therefore, there was no nexus between the BAC and the driving because the DMV could not establish a time of driving.

The DMV has to establish 3 things in order to move forward with a driver’s license suspension:

• Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violations of CVC §23152, 23153, or 23154?
• Were you lawfully arrested?
• Were you driving a motor vehicle when you had 0.08% BAC or more by weight of alcohol?

Ticket Crushers is California’s Top-Rated DUI & Traffic Defense Firm with Thousands of Cases Dismissed – Se Habla Español  – Call us now at 1-866-842-5384 for more information on DUIs in California.

Updated: 10/11/2023