Press Release: San Diego DUI Attorney Rick Mueller recently successfully avoided both DUI and Driving with .08% BAC (or more) convictions under California Vehicle Code Section 23152 (a) and (b), as part of the following partial list of victories in San Diego county DUI / drunk driving cases.
In one cae, a young person makes a left turn where signs in Pacific Beach are posted: “RIGHT TURN ONLY.” The San Diego Police Department officer observed red/bloodshot and droopy eyes, lax face, slurred speech, odor of alcohol, unsteady gait, nystagmus, and failure to perform four (4) San Diego DUI field sobriety tests as demonstrated. Person blows a .11% BAC Roadside Preliminary Alcohol Screening (PAS) test result while in the post-absorptive phase & then .09% at the San Diego police station. While at first blush it may not seem like a very high BAC, a “rising blood alcohol” defense (often used by San Diego DUI criminal defense lawyers) was not available, i.e. we could not plausibly contend the person’s true BAC was less than .08% at the earlier time of driving. The San Diego DUI Prosecutor’s case was further based on a theory of “retrograde extrapolation” and that the person’s BAC was even higher at the time of driving than it was later at the respective times of the subsequent tests (so even if the person had blown less than .08% after the driving, the San Diego DUI Prosecutor could bring charges).