Officer encountered client’s car as it lay in the road on the driver’s side, where it came to rest after a one car accident. Client denied any injuries and refused care from the EMTs. Client smelled of alcohol and had very slow motor skills. Client admitted to consuming at least 6 beers. Client failed the field sobriety tests and at one point the officer had to hold the client up. Client refused the breath test. Client was under suspension from a previous OVI. Client was charged with 2nd OVI in 6 years, DUS, and Failure to Control. Client had three prior convictions and one prior reduction.
Client attended a 3-day alcohol school prior to plea, and negotiations with the prosecutor resulted in conviction for 1st OVI in 6 years, remainder of the charges dismissed, credit for the alcohol school, $475 fine and 1 year license suspension.