Our client was charged with two counts of DUI: driving under the influence (Vehicle Code § 23152(a)) and driving with a blood alcohol content of 0.08 or higher (Vehicle Code § 23152(b)). The facts were not easy. The client admitted to drinking, and the arresting officer claimed she failed every field sobriety test. The prosecution called a forensic toxicologist to support their theory of impairment and relied heavily on the breath test result.

We went to trial and challenged every part of the state’s case. On cross-examination, we exposed problems with how the field sobriety tests were conducted and documented. The officer admitted he did not follow protocol and left out important details from his report. When the prosecution’s expert took the stand, we pushed back on the assumptions behind the breath test and raised doubts about how the result applied to our client.

The jury returned a not guilty verdict on the BAC charge under Vehicle Code § 23152(b). On the remaining count under § 23152(a), the jury hung with ten jurors voting not guilty. We filed a motion to dismiss under Penal Code § 1385, and the court granted it.

All charges were dismissed. The client avoided a conviction, kept her driver’s license, and kept her job.