Brenner
Brenner v. Department of Motor Vehicles
Opinion
Opinion
Siggins, J.
This appeal challenges the trial court’s determination that the Department of Motor Vehicles (the DMV, or the Department) failed to meet its burden of proving plaintiff Derek Brenner was driving with a blood-alcohol content of 0.08 percent or more when he was stopped by law enforcement officers. We find no error, and affirm.
BACKGROUND
I. Arrest and Blood-alcohol Tests
The relevant facts are undisputed. Near midnight on December 30, 2008, Officer Matt Gilliam of the California Highway Patrol stopped plaintiff after observing his erratic driving. Plaintiff’s eyes were bloodshot, his speech was slow, and he smelled of alcohol. He performed poorly on a series of field sobriety tests. Three preliminary alcohol screening (PAS) tests taken over a five-minute interval measured his blood-alcohol content (BAG) at 0.080, 0.053, and 0.085 percent.
Plaintiff was arrested and submitted to a breath test. Two samples, taken at 12:42 a.m. and 12:45 a.m., respectively, gave identical readings of 0.08 percent BAC. Before and between the two tests Officer Gilliam tested the device with an air blank that registered 0.00 percent BAC.