State Assembly Member Cleared Of DUI Charges

Roger Hernandez, a Democrat representing West Covina, says he is glad to out it all behind him and get back to representing his constituents.

But those constituents may have one question first: how? How did he put it all behind him?

In many ways it all came down to a vial of blood.

Does the phlebotomist shake it, or just turn it upside down when it's full?  That could be the difference between 2 days jail time, a lost drivers license, and thousands of dollars or acquittal for a drunk driving suspect. It's just that technical.

"Sure. Anywhere from a McDonald's employee to being an Assembly Member, you're going to be affected by this," said Brianne Doyle, a Sacramento DUI Defense Attorney.

Just ask Assemblyman Hernandez, back on the floor full-time now after his legal team successfully defended him from charges of driving drunk. They argued that a test showing .08 blood alcohol content, was wrong.

"It became very scientific. At points I thought that the science was even getting over my head a little bit," Hernandez said.

Hernandez has said all along, he'd only had two glasses of wine that that night over the course of five hours.

"Undoubtedly this experience was one I learned a lot from. It reminds me and it should remind all of us that we should be extra careful, even if we feel like we're okay," Hernandez said.

Brianne Doyle is a Sacramento DUI attorney. She wasn't part of Hernandez's defense, but she's defended hundreds of DUI suspects in Sacramento County.

No question, she says: a good attorney can make the difference. The science is very technical and the lowest blood alcohol content doesn't always make for the best case.

"You can have a .08 case with no defense what-so-ever, and you can have a .10 whose blood alcohol content could be rising and have a rigorous defense," Dolye said.

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