Client was stopped for driving at 2:00 A.M. with no headlights. Officer smelled an odor of alcohol, and client had bloodshot and glassy eyes. Client admitted to drinking beer. Client failed the pen test and the walk and turn test. Client passed the one leg stand. Client tested .118 on the breath test. Client was cited for OVI and No Headlights.
An issue arose as to the validity of the breath.
Client attended a 3-day alcohol school prior to plea, and negotiations with the prosecutor resulted in conviction for Physical Control with credit for the school, $250 fine, 20 days in jail suspended, $250 fine, no license suspension, and Administrative License Suspension and reinstatement fee cancelled. 0 points were assessed on the license.