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An anonymous citizen called 911 to report that our client had left the Twin Arrows Casino in Flagstaff, Arizona, and appeared to be intoxicated when she got into her car to drive away. An Arizona DPS Trooper saw our client’s vehicle on Highway 89 and immediately saw her passenger-side tires drive over the white fog line and about 6 inches onto the shoulder of the highway. Our client then changed lanes, but her driver-side tires drifted over the solid yellow lane line for the continuous left-turn lane again by about 6 inches. The DPS Trooper initiated a traffic stop and noticed that our client has bloodshot and watery eyes.

After asking our client for her license, registration, and insurance, the Trooper indicated that she seemed confused and it took her an extended amount of time to find the documents. Our client was unable to find her insurance card, even though the Trooper could clearly see it in the documents our client was going through. Our client told the officer she only had one beer. The Trooper noticed that she had slightly slurred speech and after exiting her car, she walked slowly and appeared to be very off balance.

The DPS Trooper conducted the Horizontal Gaze Nystagmus test, stating that our client exhibited all 6 clues of impairment. The Trooper then conducted 5 more field sobriety tests before placing our client under arrest for DUI. The Trooper conducted a blood draw and subsequent lab testing of our client’s blood showed that her BAC was .083.

After analyzing all of the body camera footage and conducting interviews of all of the involved officers, including the arresting DPS Trooper, we were able to pinpoint discrepancies in the DUI investigation that were inconsistent with our client being impaired by alcohol. Armed with scientific studies and data regarding blood alcohol testing and field sobriety tests, we were able to convince the prosecutor to dismiss the DUI charges in full and allow our client to plead responsible to two civil traffic infractions for her lane violations. This saved our client from having a criminal record or having to serve any jail time. She paid a small fine for the civil traffic infractions and we were able to expunge her admin per se license suspension (a result of her initial arrest) from her driving record.

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