Sample Case #2

The client had been to a bar and was on his way home with 2 women when he pulled over to relieve himself. A police officer seeing this stopped and investigated a possible DWI. The officer detected an odor of an alcohol beverage on his breath and administered field sobriety tests which he said the client failed.

At the scene, the officer offered the client a breath test at the station. The client asked what would happen to him if he submitted to the test, to which the officer replied that he would have to accompany him to the police station, and if the test was .10 or more, he would go to a commissioner and stay in the lock up for 3 hours until he sobered up. The client asked what would happen if he refused the test. The officer said he would release him at the scene. (To promptly go home with the 2 women!). The client refused to take the breath test.

At the hearing to determine whether the client would lose his license for 120 days for refusing the breath test, the Administrative Law Judge held that the officer had given the client improper advice and took no action.

The officer recommended the prosecutor drop the case in court.