Gibb v. DMV
Vehicle Code section 23136,[1] the “zero tolerance law,†makes it unlawful for a person under the age of 21 to drive a vehicle with any measurable blood alcohol concentration (BAC).[2] Respondent Sean Erik Gibb, then 18 years old, was stopped by police while driving. An officer administered preliminary alcohol screening (PAS) breath tests, which showed that Gibb’s blood alcohol level was well in excess of the measurable threshold of .01 percent. The officer temporarily suspended Gibb’s driver’s license and reported the matter to the Department of Motor Vehicles (Department or DMV). (§§ 13380, subd. (a); 13388, subd. (b).) Gibb requested a DMV administrative hearing on the license suspension, and the hearing officer reimposed the suspension.
Gibb petitioned for a writ of mandate to overturn the license suspension, arguing that no admissible evidence was presented on the reliability of the blood alcohol test results and the officer’s sworn statement certifying the results was insufficient to establish reliability. The trial court granted the petition, and the Department appeals. We reverse.
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