Client was pulled over for failing to maintain lane, he drove off the roadway four times and into the grass. The stopping officer noted an extremely strong odor of alcohol and there was an upside-down beer can in the cup holder and a box of beer on the passenger side floorboard. Client performed poorly in the field sobriety exercises where an arrest was made. He submitted to a breath test and blew .269, over three times the legal limit.
RESULT: Both the arresting officer and the breath tech appeared at the Formal Administrative Hearing. The following motions were made to invalidate the suspension; improper 20-minute observation period-there was a period of over an hour, improper breath test – over 2 ½ hours passed before breath samples were submitted, improper breath test – the machine is unreliable with a 25% failure rate. REINSTATED!