BASIC FACTS: The defendant was stopped for erratic driving.  She explained to the officer that her driving was erratic because she was drunk.  The officer tried to conduct field sobriety tests but the defendant was reluctant to do them because she did not feel well.  The officer arrested the defendant for DWI. At the police station the defendant agreed to take a breath test.  The first time she tried the breath test an error message came up that said “Invalid Sample”.  The next two attempts produced results of .31 and .32 approximately two minutes apart.

Despite the fact that the defendant had no criminal record and no prior DWI convictions, the state would not reduce the charge.  The defendant faced between 10 days and one year in jail, all because she cooperated and blew into the breath machine when the police asked her to.

The defendant elected to fight the accusation and go to trial on her Aggravated DWI charge.

DEFENSE:     Attorney Stevens challenged the admissibility of the test results because the breath test record indicated that important administrative rules regarding breath testing were not followed in this case.  The judge sustained Attorney Stevens’ objection to the admissibility of the test results.  The defendant was found “NOT GUILTY” of Aggravated DWI after trial.  She did not spend a minute in jail.  

RESULT:       NOT GUILTY!!!

Attorney Stevens thanks God for this successful defense!!!

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