Ashley Jourdan Coffey, Plaintiff and Appellant v. Jean Shiomoto, as Director

Summary

Justice Liu concurred in the judgment while clarifying that behavioral impairment evidence generally does not, without foundational evidence, establish that a driver's BAC was at least 0.08 percent. In this case, the evidence was relevant only to evaluating competing explanations for test results indicating a rising BAC, and the impairment evidence made Coffey's rising-BAC theory less persuasive. The concurrence concluded that the evidence supported the DMV hearing officer's and trial court's determinations.