Charges Reduced

The client was involved in a single-vehicle accident. When police arrived at the scene, they detected the odor of alcohol on the client’s breath, and the client admitted to having “1-2 beers” earlier that evening. After showing signs of impairment during the standard field sobriety tests (FSTs), the client was taken to the county jail for a breathalyzer test. Upon reviewing the body camera footage, we discovered that the officer had failed to comply with the 20-minute observation rule. This rule, outlined in KRS 189A.103(3)(b), requires officers to observe the individual at the test location for at least 20 minutes before administering the breath test. The footage revealed that the officer left the room during this observation period, violating the rule. As a result, the prosecutor conceded that the breath test would likely be ruled inadmissible by the court. Without the breath test evidence, the Commonwealth agreed to reduce the DUI charge to Reckless Driving, sparing our client from a license suspension and the stigma of a DUI conviction.