Client was stopped for going left of center during a left hand turn in town. The officer noticed that the client had glassy and bloodshot eyes and smelled of alcohol. Client’s speech was slurred. Client admitted to drinking. Client failed the sobriety tests. Client refused to take the breath test. Client was cited with OVI, Super OVI, and Left of Center. Client had prior OVI convictions in 2000, 2002, 2004, 2008, and a reduction in 2011. Client had a commercial drivers license (CDL) and would be facing a lifetime ban from driving his semi. At this time, client owned 2 rigs. Client was unable to make a living while the case was pending.
Intense negotiations and arguments over the admissibility of evidence with the State lead to a quick resolution of the case. Client pled to Physical Control with 10 days in jail to be served on weekends, $1,000 fine, and complete an alcohol counseling plan. 0 points assessed. Administrative License Suspension (ALS) for refusing the breath test was terminated and removed from client’s driving record. No reinstatement fees. When client left the courthouse, he was valid to drive. Client suffered a 5 day suspension while case was pending, but ultimately, his CDL was saved and he was back driving for a living.