DMV Victory!

Last week I did a hearing at the DMV.  I got a DMV win on the issue of whether my client's BAC was .08 at the time of driving.

I won by presenting evidence via introduction of the ePAS records through the PAS control cop (the cop who maintains and calibrates the machines) that the test results obtained 15 minutes after my client was stopped showed his BAC was only 0.076%. Although all four readings are contained in the police report, the DMV will usually only admit the post-arrest chemical test, blood or breath without additional testimony. In this case, the two ePAS (at the scene tests) were .076 and .082.  The two at the station were .08/.08.

A person stopped for DUI usually takes three or four chemical tests to determine his blood alcohol content.  Two ePAS breathalyzer tests at the scene of the stop. Then two more breath tests later at the station or a blood test at the station or a hospital.

The ePAS is a small handheld device that detects BAC when a miniscule sample of your breath is pushed across a fuel cell. As the alcohol in the breath sample goes across the fuel cell the cell transfers the positive charge across it and the amount of charge is computed and a BAC percentage is determined.  In this case, it was the Intoximeter Alco-Sensor IV.

The breath testing done at the station is similar, but the machine is slightly more complicated.  The subsequent blood or breath test also relies on miniscule amounts of gas (breath or gas from heated blood) to determine blood/breath alcohol content.

The microscopic amount of alcohol necessarily means that any error has huge consequences on the ultimate BAC.

If you have similar issues or if you are in need of a DMV Victory, contact me at (213) 479-5322 or see click here to visit my website for more information.