Client pulled over into an interstate rest area to “rest”. Highway Patrol responded to the rest area because other drivers had reported client as a drunk driver. When officers arrived, client was slumped over the center counsel and passed out. When the officers woke client he “reacted with shock and a look of worry”. When client rolled down the window, the officers noticed an open and half empty bottle of whiskey on the passenger seat. The officers smelled alcohol on the defendant. Client stated that he had not drank while driving, but drank the night before. During the sobriety tests, client stopped the test and indicated that he was too impaired to continue, and that is why he stopped in the rest area. Client refused the breath test. Client was cited with OVI.
Protracted negotiation and arguments over whether client had drank some whiskey after stopping at the rest area, and whether the results of the failed sobriety tests were a result of whiskey consumption after client stopped driving or not.
Client had taken the 3 day school during the negotiation period. Negotiations resulted in client being convicted of Physical Control, $750 fine, the refusal suspension (ALS) was terminated, no reinstatement fees, and no suspension imposed. 0 points assessed.