DUI charge reduced after a breath test challenge

The breath test was the State's whole case, so we started with the machine.

Our client was stopped after leaving a friend's birthday dinner and charged with DUI based on a breath test. A conviction would have triggered a license suspension and a report to her nursing board.

How we built the claim

We requested the maintenance and calibration records for the breath test instrument and found that a required check had been missed in the weeks before her arrest. We moved to suppress the result.

Reduced to negligent driving (illustrative)

Before the suppression hearing, the prosecutor agreed to reduce the charge to negligent driving in the second degree, a non-criminal infraction.

• Instrument records requested
• Missed calibration identified
• Suppression motion filed
• License and career protected

Case results shown are illustrative examples written for this demo site. Every case is different, and past results do not guarantee a similar outcome.