Does a Blood Test Record Cannot Support a .08% BAC Finding?
“Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but over timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.” [Gov Code §11513(d); Lake v. Reed (1997) 16 Cal.4th 448, page 458] In other words, hearsay is always admissible at a DMV hearing. But hearsay may not be used as the sole basis for a DMV decision unless some statutory hearsay exception applies which would make it admissible in a civil proceeding. The statutory hearsay exception [Evid. C. §1280(c)] does not apply when the unauthorized source is not trustworthy. Therefore, an inadmissible alcohol report may not be solely relied on to determine DMV’s third, BAC issue. The blood test record is not sufficient in itself to support a finding. Only an admissible record of a blood test can show evidence of blood alcohol to support a BAC finding. CONCLUSION If the blood drawer or technician was a person who is not
