Brooks v. DMV
Jason R. Brookss drivers license was suspended by the Department of Motor Vehicles (DMV) for driving a motor vehicle with 0.08 percent or more, by weight, of alcohol in his blood. The determination of Brookss blood-alcohol content (BAC) was based on two breath tests conducted at the time of his arrest. Both breath tests registered a BAC of exactly 0.08 percent. Brooks petitioned for a writ of mandate in Fresno County Superior Court, contending the suspension should be overturned on the ground that the breath test results were unreliable to show his BAC was 0.08 percent because, among other things, the breath test device had an inherent margin of error of .02 percent. The trial court denied the petition. Brookss appeal followed. Court affirm.
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