.17 Breath Test DWI

Robert Sterling Guest

Practice Area:Criminal Defense

Outcome:DWI Dismissed. Pled to Obstructing the Roadway.

Description:I filed a suppression motion attacking the stop and the breath test. My client was initially detained for following too closely. That statute has specific requirements for judging when a vehicle is, in fact, following too closely. I felt my client's action did not rise to the level of reasonable suspicion for a violation. Then I argued that the breath test my client gave should be excluded because the officer had wrongfully admonished my client on the legal ramifications of a refusal. We had a spirited suppression hearing that lasted about an hour. Before the judge ruled on my motion the State offered to dismiss the DWI and my client pled to obstructing a highway. This case shows that even high BAC/breath test cases have opportunities to avoid a DWI conviction.

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