.154 OVI Breath Test Charge Reduced to Physical Control

Our client, a young professional, was heading home after a night out with his girlfriend.  She had consumed too much alcohol so he offered to drive. While traveling home, a trooper pulled him over for an alleged speeding violation. After submitting to standardized field sobriety tests, the trooper placed him under arrest for OVI and obtained an OVI breath test result of .154. The trooper then charged the girlfriend with wrongful entrustment for allowing our client to operate the vehicle while being impaired.

After retaining LHA, we referred his girlfriend to an attorney to help her with the wrongful entrustment charge. After a few court dates her case was dismissed.

We filed a motion to suppress on our client’s OVI breath test case and the matter was scheduled for numerous suppression hearing dates.  Unwilling to give in, on the fourth hearing date, we received an offer from the state to reduce the OVI breath test charge to a Physical Control Violation. Our client gladly accepted and avoided the OVI.

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