In DUI Case, DMV Rejects Rising BAC Defense and the Ruling is Affirmed – Why?

In a DMV hearing relating to a DUI, one may feel as if the hearing is the proverbial “kangaroo court.”  After all, the DMV Hearing officers are not attorneys or even required to attend, much less graduate, from law school. The rules of evidence are swept aside.  When there are mildly technical legal defenses, such as a rising BAC defense, the DMV often ignores the arguments entirely.  To read about how a rising BAC was treated in such a hearing, click on the following link.

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