OVI, Illegal Alcohol Content OVI, and Left of Center

Client was followed by police and stopped for driving left of the center line.  The officer said that he smelled alcohol on the client.  Officer said that client failed the eye test and the walk and turn test.  Client passed the one leg stand test.  Client was 19 years old and admitted to drinking 10 glasses of beer.  Client took the breath test and tested .155.  Client was cited for OVI, Illegal Alcohol Content OVI, and Left of Center. 


An issue arose as to whether the officer properly conducted the field sobriety tests and a motion to suppress was filed.  Prior to the motion taking place, the prosecutor offered a deal. 


Negotiations with the prosecutor resulted in a conviction for Physical Control with a 3 day alcohol school, $250 fine, no license suspension, and 0 points.  The Administrative License Suspension and reinstatement fee were terminated.