Another significant DWI case result. Client was charged with DWI, .15 BAC, and involved in a motor vehicle accident. There were admissions of drinking, etc. As a result of the BAC level, client faced 7 mth to 1 yr loss of license, and mandatory ignition interlock, which is a system installed in your vehicle (at your expense) and requires that you blow into the device to start the vehicle and pull over every 20-30 minutes to blow into the machine, or else your car will not start. Additionally, if you blow into the interlock device and you have been drinking, the monitoring agency (which you also pay for) will report a violation and you will face additional penalties.
I received discovery and immediately notice several important errors with the Alcotest reading. During our pre-trial conference, the State agreed that there were some problems with the readings, but did not concede that the errors were fatal to the admissibility of the readings. It certainly would have been an interesting issue for the Judge to decide.
Regardless, the State offered to downgrade the offense to an observation case, meaning a 90 day loss of license as opposed to a 7 month to 1 yr. Also, no ignition interlock, min fines and cost.
Given the possible exposure and the facts of the case if we went to trial, my client was happy to accept the plea.