Violation and Citation:
Client was followed by officer for driving on the fog line, then crossing the fog line. Client pulled into a private driveway and stopped. Given the time of the night, the officer returned to the residence to see if the car was registered to that address. When the officer flashed high spotlight, client was pressed up to the side of the house, as if they were hiding. The officer turned on his overhead lights and began to investigate this “suspicious” person.
The officer detected a moderate odor of alcohol on client. The officer administered the Field Sobriety Tests, all of which client failed. Client admitted to drinking 6 beers and refused to take a portable breath test. Client refused the breath test back at the station. Client was cited for OVI and Super OVI. Client had a prior OVI arrest 2.5 years earlier with a refusal. Client faced a minimum of 3 days in jail and the 3-day alcohol school.
Client had an alcohol assessment and completed counseling. Negotiations with the State resulted in a conviction for Physical Control with 1 day served in jail, 14 days in jail suspended, $1,500 fine, 0 points assessed, no license suspensions and no reinstatement fees.