If you drink alcohol but it does not amount to an unlawful level of .08% at the time you were driving in California, the DMV should restore your driving privileges, upon request by your lawyer.
A driver whose BAC is rising due to recent consumption of drinks prior to driving should be given a fair and reasonable hearing as to what his or her true BAC is at the time of driving.
The time of driving is the real inquiry, attorneys know.
Sure, one's BAC can be over .08% at the time of the test, but the test is done much later than the driving. Once the DUI police stop the driver, the driving is over. It is at that moment that the true BAC must be determined. Because if it is .07% or less, than you should prevail. How can we determine that when the test X amount of minutes later is .08% or more?
As long as your alcohol was still absorbing at the time of driving, there are a number of important technical and scientific principles that should be considered by DMV. To get DMV to do this, your DUI attorney asks the Department of Motor Vehicles to officially notice the required scientific or technical information.
On November 20, 2011, San Diego DUI defense lawyer Rick Mueller published instructions and and DMV resources assisting attorneys to do this and how it can help in your case. Click here for that new article.