Client was stopped for driving left of center several times. The officer noticed an odor of alcohol, bloodshot glassy eyes, and a beer can in the driver’s door pocket. Client tested .110 on the breath test. Client had a prior OVI conviction. Client had a CDL and another conviction would have resulted in a lifetime disqualification for the CDL.
Despite the officer indicating that client failed the sobriety tests, review of the video showed that client did very well. Motion to have the case dismissed was filed. The State ultimately offered client a Physical Control, resulting in the 3 day alcohol school, 2 days in jail, $750 fine, 0 points, and no suspension and no reinstatement fee. Clients CDL was saved.