Our client was stopped as he pulled into a taco restaurant drive through late in the evening. After admitting that he had a few beers earlier, the police officer had our client do the DWI field sobriety tests. Even though our client did well on those tests, but not perfect, the officer arrested and charged our client for DWI. Our client submitted to a blood test which came back as .20 alcohol.
At trial, we showed the many possible mistakes that can be made in blood testing for DWI. We emphasized to the jury that our client appeared normal – and that there was no way he could be .20 and appear so normal. We also found on the video about 45 minutes after the client was arrested that the arresting cop was making fun of our client, who was Hispanic, for going to buy tacos. The officer, in a mocking and exaggerated Spanish accent, could be heard on the recording saying “…tacos, people gotta get their tacos…”. The jury only took about ten minutes to find our client not guilty of the DWI charge.