Isenberg
Isenberg v. Dept. of Motor Vehicles CA5
Opinion
Opinion
FACTS
On August 5, 2018, at approximately 1:35 a.m., California Highway Patrol Officers Martinez and Tait saw a black sport utility vehicle weave to the left on two separate occasions and tailgate a pickup truck. The officers pulled the vehicle over and officer Martinez spoke with the driver, Isenberg, through her side window. Isenberg told him that she had two, 25 ounce El Cerrito beers at the “BLVD.” Isenberg’s speech was normal and she was cooperative. Officer Martinez notice a strong smell of alcohol and observed her eyes were red and watery. Officer Martinez requested Isenberg perform some balance and coordination tests. Isenberg did not adequately perform the field sobriety tests. Next, Officer Martinez administered preliminary alcohol screening (PAS) tests that took samples of Isenberg’s breath to determine her BAC. The results were 0.091 percent BAC at 1:51 a.m. and 0.097 percent BAC at 1:54 a.m. Officer Martinez formed the opinion that Isenberg had been driving under the influence of alcohol and placed her under arrest for violating Vehicle Code section 23152, subdivision (a). Isenberg was asked if she wanted to do a blood screening or a breathalyzer and she chose the…