BASIC FACTS: : Police respond to a call from a residential caller who reports a car ran over his mail box and that the driver did not stop and report it. Police investigation leads them to defendant’s home. They see the defendant’s garage door open and the defendant’s vehicle inside that has damage consistent with the damage caused to the mailbox.

The police ask to speak to the defendant, who comes to the door. Police allege that the defendant was extremely intoxicated. The police asked the defendant to submit to field sobriety tests. The defendant refused to submit to any field sobriety tests. The defendant also refused to submit to breath or blood testing because he told police he had been drinking.

The defendant was arrested for driving while intoxicated first offense and conduct after an accident.

DEFENSE: Time of operation and whether the defendant was impaired by alcohol at the time of operation..

ALS HEARING RESULT: The state sought a 180 day administrative license suspension (ALS) because the defendant had refused to submit to a breath test for a DWI offense. After a hearing at the Department of Safety, the defendant’s breath test refusal suspension was rescinded (reversed), because the state had failed to prove the element of “impairment by alcohol” at the time of operation. The defendant’s right to drive was restored pending trial.

COURT RESULT: Because the state could not prove what the defendant’s condition was at the time of operation, the DWI complaint and the conduct after accident complaint were both dismissed by the Trial Court.

The defendant’s license was not suspended for a single day!

Attorney Stevens thanks God for this and all successful defenses!