DUI reduced to negligent driving despite breath test 3 times the legal limit

Mar 6, 2019

 Dane was arrested for Physical Control after the arresting officer found him parked on the side of the freeway with his engine running. He failed field sobriety tests and a breath test revealed his blood alcohol was .24 – three times the legal limit.

Dane’s record was spotless and he had faithfully served his community for twenty years as a law enforcement officer. A DUI conviction might have spelled the end of his illustrious career. During a hearing to determine whether or not Dane’s license would be suspended, Dan got the arresting officer to admit under oath that Dane was in fact “safely off the roadway” when he contacted him, providing a strong defense to his Physical Control charge in court.

Although the prosecutor could have proceeded with a DUI charge, Dan was able to point out challenges there as well, and negotiated a reduction to Negligent Driving 1, with no jail time and no additional license suspension – and most importantly, preserving Dane’s law enforcement career.