RPV, Felony DUI, Six Injured, License Reinstated at DMV

Our client, age 53 and with no criminal record, was cooking one Saturday afternoon and sipping wine while she cooked.  She planned on making a gourmet meal for her husband and teenage daughter when they returned home from work.

For reasons she does not understand, she decided to leave the home shortly before her husband and daughter planned to return home.  She drove a few miles before passing out and veering left across the center divider, sideswiping one car and running head-on into another.  The collisions occurred on Palos Verdes Drive South after sunset.  Six people were injured, not including our client.

Due to the severity of the events, police understandably worked on the most severely injured first.  Our client was not one of these people.  

More than three hours after the collision, our client’s blood was taken.  Prior to this time, due to her injuries, no effort was made to elicit a breath sample.  Our client’s BAC read 0.06.

In our office’s experience, the DMV will reverse extrapolate the BAC to the time of the last driving.  In this case, reverse extrapolation would help the DMV find our client’s BAC to be over 0.06, assuming the DMV assigned an ethanol metabolization rate of 0.015 per hour, which our office has seen the DMV use in the past.

Our office therefore wrote the DMV Hearing Officer a lengthy letter before the DMV Hearing date, explaining how reverse extrapolation has been criticized by many courts and DUI experts, even experts that the prosecution regularly uses.  We also pointed out that since reverse extrapolation must assume the client is not alcoholic, not diabetic, had a certain amount of food in her stomach at the time of last driving and how fast the alcohol was consumed, the act of reverse extrapolating is fraught with error and our office would most certainly appeal any decision not to set aside the suspension.

Perhaps in response to our letter (and, candidly, perhaps not), the DMV set aside the suspension of our client’s drivers license.  

Our client was extremely happy, as she was able to keep working because her job involved a lot of driving.

If you or a family member has been arrested or charged with DUI, call our office today.  The DMV Hearing can have significant consequences for your ability to keep driving and thus, may affect your ability to work.  An experienced attorney can make a big difference.

Call us.  One of our criminal attorneys will speak with you immediately and will fight vigorously for you.  Call us today at (310) 782-2500 for your free consultation.  We are available 24 hours a day, 7 days a week to help you.

When payment is an issue, we have very competitive flat fee rates to represent you or your family member.  In special circumstances, we will also consider payment plans where payments are spread out over time.  We also accept all major credit cards.

Call us today to let us do the worrying for you.

For more information about DMV issues, please click on the following articles:
  1. What Is a DMV Hearing for a DUI?
  2. Little Known Facts About Your Rights in DUI and the DMV
  3. For a DMV Hearing, What Is Reasonable Cause to Believe DUI?
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