California 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:
Out-of-county resident coming from La Jolla seen weaving by San Diego CHP. Unsteady gait, odor of alcoholic beverage and watery/red eyes noted by San Diego California Highway Patrol DUI officer. Cooperative Driver admits last cocktail nearly 3 hours before stopped for failure to maintain lane in violation of California Vehicle Code section 21658(a). After failing the National Highway & Traffic Safety Administration's 3 battery California DUI field sobriety tests including HGN, Romberg and One Leg Stand, Driver blows .117% and .118% in the hand-held Intoximeters, Inc. Alco-Sensor IV PAS gadget and soon thereafter two more blows of .11% and .10% per the San Diego county DUI EC/IR breath test machine at the San Diego CHP office. CHP DUI officer improperly included transportation time as part of the required 15 minute continuous observation time. San Diego DUI CHP officer also used a cut & paste of the San Diego CHP 202 DUI arrest report. Possible mouth alcohol in issue. Breath test numbers susceptible of great variance.