BAC Blood .16 – 1st DUI – DUI
Client was stopped for allegedly lane straddling in violation of CVC 21658(a). Law enforcement also allegedly saw swerving and conducted a traffic stop. Client performed field sobriety tests and was arrested for allegedly being under the influence of alcohol and unable to operate a vehicle safely. Client took a blood test. A motion to suppress evidence pursuant to Penal Code 1538.5 was filed and argued before the court. The court found that taking of blood in this case was non-consensual and a warrant should have been obtained first by law enforcement before taking client’s blood. The motion to suppress evidence was granted and the case was dismissed.