Our client was charged with DWI w/ BAC >.15 and needed to go to trial to keep the DWI off her record. The police officer testified he followed our client after she pulled out of the bar parking lot and saw her weaving in and out of her lane many times. After numerous swerving incidents, he detained her to investigate a DWI. He said our client smelled of alcohol and had slurred speech. He had her perform the field sobriety tests which she failed and he arrested her for DWI. Our client refused to give blood and the officer got a warrant. At trial, the blood technician testified and her BAC of .156 came into evidence. After hearing all the evidence, the jury deliberated for 4 and half hours, sending out several notes that they could not agree. The Judge finally granted the defense’s motion for a mistrial. The State, after putting all their evidence in front of the jury and seeing that they could not prove the DWI case, decided to reduce the DWI w/ BAC > .15 to an Obstruction of a Highway. This reduction helped protect our client’s future, her record, and saved her from all the legal consequences that come with a DWI w/ BAC > .15.
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