Gross Misdemeanor DWI Charges Reduced to Misdemeanor

Mike Brandt’s client was charged with a gross misdemeanor DWI for getting into an accident on the freeway when he was driving nearly 100 miles per hour. Thankfully nobody was injured in the accident, but after he was arrested, Mike’s client tested at over twice the legal limit. The higher-level charge could have resulted in a much longer probationary term, as well as possible jail time. In reviewing the case, Mike pointed out to the prosecuting attorney that there were issues with some behavior the police officer had engaged in after the arrest of Mike’s client. Specifically, the officer did not allow Mike’s client sufficient time to communicate with an attorney before deciding to take the test. Mike filed a motion to have the test thrown out, but before the hearing started, the prosecuting attorney agreed with Mike and agreed to reduce the charge to a lower-level misdemeanor. Subsequently, Mike’s client was placed on probation, was required to do community service, and had to attend a one-day class.