In Baker v. Gourley (2002) 98 Cal.App.4th 1263, the plaintiff's driver's license was suspended by the Department of Motor Vehicles (DMV) upon his arrest for drunk driving. At the license suspension hearing before the DMV, the plaintiff introduced uncontroverted evidence demonstrating that the blood test procedures used to prove that he had a BAL of .08 or greater at the time of his arrest were defective. When the DMV refused to reinstate Baker's license, he sought relief in the trial court. The trial court upheld the suspension based on the circumstantial evidence that plaintiff exhibited "an unsteady gait, bloodshot eyes, slurred speech, a smell of alcohol, and . . . a port wine stain on his clothing." (Baker, supra, 98 Cal.App.4th at p. 1265.) On appeal, the court reversed and held that the use of circumstantial evidence to establish the plaintiff had a BAL of .08 or greater was insufficient to support suspension of a driver's license. The court noted that the plaintiff's license was suspended under an Admin Per Se law (Veh. Code, 13353.2) that "focused entirely on blood-alcohol level." (Baker, at pp. 1264, 1273.) "Because the Admin Per Se law is wholly pegged to a given BAL, it follows that circumstantial evidence without a valid chemical test is insufficient to suspend a license. After all, the usual symptoms of substantive intoxication--slurred speech, bloodshot eyes, etcetera--can manifest themselves at a BAL below .08. " (Ibid.) The Baker court, however, made clear that its holding did not apply to a criminal prosecution for drunk driving. It recognized that "a jury in a court of law could conclude in a criminal prosecution that a driver was intoxicated based on such indicia as slurred speech and an unsteady gait without a valid chemical test." (Baker, supra, 98 Cal.App.4th at p. 1264.) Thus, the Baker court acknowledged that circumstantial evidence, apart from a BAL test, could be sufficient to support a conviction for driving under the influence. Other courts have acknowledged that circumstantial evidence can be used to uphold a driving while intoxicated conviction.