Our client, a 25-year-old male, was charged with DWI with BAC over .15 with an open container. The police officer was called out to investigate an intoxicated driver. Client was pulled over for speeding, failure to maintain single lane, and weaving. Officer smelled alcohol on our client and said he had bloodshot watery eyes & really thick-tongued speech. After getting the client out of the car they found an open container of distilled wine in the pocket of the passenger seat. The officer pulled our client out to perform the field sobriety tests. Client failed all three of the sobriety tests. The officer arrested client and requested a blood sample. Our client consented and the blood results came back .332.
At trial, we were able to suppress one of the field sobriety tests, limiting the state’s evidence. On cross examination of the blood expert, we had the expert admit that medically and scientifically the results were inconsistent with our client’s behavior and appearance. The jury deliberated for approximately 20 minutes and returned a verdict of NOT GUILTY.
Because of our experience handling DWI cases with high blood results, a number higher than 4x the legal limit did not scare us from fighting for our client. We were able to prevent this DWI from going on our client’s record and protected this young man’s future.