Client was stopped for not using a turn signal and traveling off the road to the right. The officer smelled alcohol. Client had passengers who were clearly drunk. Client was removed from the car to perform sobriety tests. Client failed miserably the sobriety tests. Client refused the breath test. Client was cited for OVI, Super OVI, and turn signal violation. This was client’s 2nd OVI in 6 years, and 3rd overall. Client faced a minimum of 20 days in jail and a minimum 1 year license suspension. While this case was pending, client was cited for driving under suspension, an automatic 3 days in jail and license suspension.
Client was medically “obese” and I argued that the sobriety tests were invalid because of client’s weight. Negotiations with the prosecutor resulted in a conviction for Physical Control, 20 days suspended jail on the condition of no alcohol consumption for 1 year, an alcohol evaluation with completed follow-up, $1,000 fine, 0 points assessed, no license suspensions and no reinstatement fees. DUS was amended to violating a license restriction with costs and 2 points.