Jury found Client Not Guilty of DUI with two prior DUI convictions!After a three day jury trial, my client was found NOT GUILTY of DUI and driving with blood alcohol concentration over .08. There were special allegations of two prior DUI convictions. If found guilty, he could have been subject to 120 days minimum jail and indefinite loss of his driving privileges.The arresting officer testified along with two California Department of Justice experts for the prosecution. Blood alcohol evidence was presented that my client’s BAC was .10, 45 minutes after arrest.A single defense expert and witness testified for the defense. Evidence of a Rising Blood Alcohol was presented. Additionally, the court excluded the evidence of a preliminary alcohol test taken in the field because the peace officer failed to inform my client of his right to refuse the test.The jury reached its verdict in just over one hour of deliberations.
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