News & Wins

Class B. Misdemeanor with BAC 1 ½ Times Legal Limit.

Driver stopped at DWI check point. Per instructions of prosecuting attorney, law enforcement officers in this County were instructed to only administer a portable breath test and to disregard their training to give horizontal gaze nystagmus, walk and turn, and one leg stand tests.  Here, the PBT was improperly maintained and operated. No evidence of slurred speech or balance issues, and officer did not conduct complete in investigation. After a trial, the Court ordered the DOR to set aside driver’s license suspension.