Client was involved in a minor accident where he became stuck in a ditch. When officers arrived they believed he was under the influence of alcohol. He was arrested and subsequently charged with DWI, DWI above .08 and Aggravated DWI above .18, all misdemeanors. Client blew a .18 at the police station which made him ineligible for a reduction to a DWAI according to the county policy. Upon viewing the evidence though, our attorneys noticed that a lot of the evidence was not consistent with someone that was accused of having a .18 BAC. Investigating further we realized our client was using chewing tobacco nearly until he blew into the breath test machine. We believe that when viewing this information in conjunction with the evidence from the scene our client may have been much lower than the .18 BAC alleged. We were able to discuss these factors with the ADA who listened and agreed that there were issues in the case. Our client was able to plead to one count of DWAI, as significant reduction from the Aggravated DWI he was originally charged with. This allowed him to avoid a criminal record and some of the more significant penalties that come along with a DWI.
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