Mike Brandt’s client was charged with Gross Misdemeanor DWI stemming from an arrest where Mike’s client tested at .08. Because Mike’s client had a prior DWI within 10 years, this case was charged as a Gross Misdemeanor which would have resulted in a mandatory minimum 30 days jail and up to six years of probation.
In preparation for trial, Mike had the urine test from the case retested at a different lab which revealed that the alcohol content was less than .08. Mike also pointed out to the prosecutor that the police officer had not followed the proper procedures in performing the field sobriety tests and convinced the prosecutor that Mike would be able to successfully impeach the impaired charge and attack the .08 charge. Based upon this information, the prosecutor agreed to reduce the charge to Careless Driving, agreed that Mike’s client would not serve any jail, and would be on probation for only one year.