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Second Offense OVI / DUI Breath Test Reduced to Reckless Operation

A software engineer with a promising career was charged with an OVI and OVI per se after being stopped for a marked lanes violation, arrested and then blowing over the legal limit. Since this would be his second offense OVI / DUI, he was facing a mandatory minimum 10 days in jail and a license suspension of at least one year with yellow plates and an interlock breath system installed in his vehicle. After watching the DVD, attorney Dan Sabol found major evidentiary weaknesses in the state’s case. After bringing the issues to the attention of the prosecutor, the breath test charge was reduced to a lesser offense of reckless operation. The client kept his position, avoided the OVI / DUI, 10 days in jail, and year license suspension. He also was not required to have the yellow plates on his vehicle or an interlock breath system installed.

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