Charged with both DUI and refusing the breath test, Warren faced demotion and separation from the military just two years shy of retirement. Separation would have meant a Dishonorable Discharge and loss of pension and benefits after a 15 year career of dedicated service to our country.
Dan spent months trying to negotiate a reduced charge, which would have spared Warren from being kicked out of the service. The prosecutor refused to budge, in part because Warren had a similar charge almost twenty years before.
At trial, Dan was able to show the jury that in fact Warren had not refused the breath test, but simply could not blow into the machine as required. After deliberating less than thirty minutes, the jury returned a verdict of not guilty. Warren’s career was saved, and he is set to retire honorably from the Army in a few years.