After having drinks, our client attempted to return home, but ran off the road and hit a fence in his neighborhood. Witnesses reported the crash to police who came to the client’s home. However, by the time they arrived, the client had already switched vehicles and tried to evade police by driving through a neighbor’s yard. Unable to get away, the police arrested him for DUI.
RESULT: The client’s license was initially suspended because he blew over the legal limit. However, our attorney acted within the narrow 10 day window to challenge the suspension and demanded a hearing. Because the client’s breath alcohol was just above the legal limit, the attorney decided not to require the arresting officers to testify at the hearing. Rather, she conducted extensive legal research and crafted an argument that when a blow is close to the legal limit, the breathalyzer is not reliable to prove that a person was above the legal limit. The hearing officer was forced to agree with this creative argument, resulting in A FULL REINSTATEMENT OF OUR CLIENT’S DRIVING PRIVILEGE, NO CLASSES, COUNSELING, OR IGNITION INTERLOCK DEVICE!