Lake v. Reed

Opinion

WERDEGAR, J.

A person who operates a motor vehicle while intoxicated is subject to criminal prosecution and penalties. Prior to the criminal trial, however, the Department of Motor Vehicles (hereafter DMV or the department) must suspend the individual’s driver’s license as an administrative matter if it determines the person was driving a motor vehicle with a blood-alcohol concentration (hereafter sometimes BAC) of .08 percent or higher. (Veh. Code, § 13353.2, subd. (a)(1); all further statutory references are to the Vehicle Code unless otherwise stated.) In those cases where the…