Client was stopped for driving without taillights or a license plate light. The client smelled of alcohol and had bloodshot glassy eyes. The client admitted to consuming alcohol. The client was unable to perform the sobriety tests. The client was cited for 2nd OVI in 6 years, Super OVI 2nd in 6 years, and No Tail Lights. Client refused a breath test and a search warrant for client’s blood resulted in a blood alcohol test level of .222. Client was facing a minimum of 20 days in jail and a maximum of six months in jail.
A motion to suppress was filed arguing that the blood alcohol test was flawed.
Prior to the motion hearing taking place, negotiations with the prosecutor resulted in the Super OVI 2nd in 6 years being amended to Super OVI 1st in 6 years and a recommendation and sentence of 3 days in jail and a 3 day alcohol school, $375 fine and a 3 year license suspension, with the option of early termination of the license suspension.