Client was stopped by CHP in Redding, California, for driving at night with no taillights. Client blew a 0.102 & 0.104 percent on the Preliminary Alcohol Screening Test [(PAS Test) the pre-arrest test] and a 0.11 & 0.11 percent BrAC on the post-arrest chemical breath test. 

Client, a commercial driver, was charged with Cal Veh Code §§ 23152(a), 23152(b) and a prior DUI within 10 years (a second DUI carries a lifetime ban of one's commercial driver's license). 

Client was acquitted of Cal Veh Code § 23152(b) and plead to a "Wet Reckless" (Cal Veh Code § 23103 pursuant to 23103.5 of the Veh Code) - with all other charges being dismissed.

The separate Department of Motor Vehicles (DMV) action was set aside (meaning client prevailed) and the client's driver's license was therefore never lost (i.e., client won the separate but related DMV License Suspension Hearing). Client was therefore able to keep his commercial driver's license.