Our client was driving 30 mph in a 45 mph zone when an officer saw her vehicle swerve across the fog line on the road four separate times. When her truck crossed the fog line into the dirt shoulder, the officer initiated a traffic stop. She told the officer she was coming from a bar and seemed to be having trouble with her vehicle controls—struggling to turn down her radio and turning her truck off while still in drive. The officer noticed that she had bloodshot and watery eyes and heavily slurred speech. Our client allegedly had difficulty responding appropriately to some of the officer’s questions and then admitted that she had consumed alcohol at the bar she had just come from.
The officer conducted field sobriety tests, noting all 6 clues of impairment on the HGN (horizontal gaze nystagmus) test along with vertical nystagmus. Our client exhibited 5 clues of impairment on the walk-and-turn test and was unable to complete the one-leg stand test due to falling backward twice while trying to balance on one foot. She was arrested and taken to the police station for processing, including a blood draw, to which she consented. The result of the blood test came back with a BAC of .258, well above the Super Extreme DUI limit of .20.
After reviewing body camera footage and interviewing the involved officers, we were able to determine that the officers did not follow the law regarding the blood draw, telling her that Arizona law required her to submit to the test. We drafted a motion to suppress the blood results because our client’s consent to the blood draw was coerced by the officers’ statements. We were able to use that motion to negotiate a reduction of the Super Extreme DUI down to a Regular DUI (impaired to the slightest degree) with no jail time.
After her case was closed, our client chose to take classes at an alcohol education provider. We quickly learned that they were trying to overcharge her by about $1,000. We immediately addressed the situation with the provider, and they agreed to reduce their fee by nearly $1,000 and offered an additional 10% discount. We did not stop fighting for her rights even after her case had closed. We will always continue to fight for what is right for every client.