BASIC FACTS: The defendant was stopped because he drove into a DWI road block that police built in the middle of the road.  The police demanded his license and registration, then they ordered him from his car.  The defendant submitted to a battery of sidewalk gymnastics called “field sobriety tests”.  He supposedly failed a “pen test”, also known as the “Horizontal Gaze Nystagmus” test, which is when the officer waives his pen in front of the driver’s face and decides the driver is intoxicated.  He went on to fail the nine step walk and turn test (the “walk the line” test) and the “one leg stand test”.  He was then told to blow into a hand held, battery operated breath testing gizmo that said his breath alcohol concentration was at .08.  Despite the fact that he had not committed a motor vehicle violation prior to his encounter with police, he was arrested for DWI-subsequent offense.  He later submitted to a chemical test that indicated that his blood alcohol level was slightly above the .08 limit.

DEFENSE:     Attorney Stevens attacked the road block itself by filing a motion to suppress all the evidence of the road block because the state had failed to comply with the road block statute, and that the state had violated the driver’s state and federal constitutional rights to be from illegal searches and seizures.  After a hearing on the motion, Attorney Stevens’ motion to suppress was granted and the case was thrown out.  This driver never lost his right to drive for a single day!!!

RESULT:       ALL CHARGES DISMISSED!!!

Attorney Stevens thanks God for this successful defense!!!

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