Charges Reduced

The client was charged with DUI 1st Offense after officers conducted a traffic stop for swerving and failing to maintain their lane. The client admitted to drinking “some beers” earlier that night. Despite performing well on the standard field sobriety tests, the officer claimed to observe multiple signs of impairment. Following the arrest, the client was taken to the county jail, where they registered a BAC of .113 on the breathalyzer. Upon reviewing body camera footage, we noticed the client audibly burped moments before taking the breath test. This should have prompted the officer to restart the required 20-minute observation period, but the officer proceeded with the test instead. After thorough negotiations with the prosecutor—and given the likelihood that the breath test would be excluded from evidence—the prosecutor agreed to reduce the DUI charge to Reckless Driving.