Not Guilty, Refusal Revocation Rescinded; Willful Refusal to Take Breathalyzer Test
Client approaches a DWI roadblock. Smells of alcohol and performs ok on field tests though she does so some signs of NHTSA clues of impairment. She admits to drinking and blows positive for presence of alchol on the portable breath test. She is taken to the mobile breath testing bus at the checkpoint. She is alleged to have willfully refused to blow.
Client has significant oral trauma from a recent accident and has serious dental implants that cause slurred speech and pain when using or moving mouth. She cannot blow well enough to provide a sufficient breath sample. DMV rules that there was no willful refusal and rescinds the refusal revocation.
There was no blood test given.
Criminal court rules that state has failed to carry their burden of proof beyond a reasonable doubt because the field sobriety tests were not enough on their own to prove that my client had lost the normal control of her physical faculties. There was no evidence of mental impairment.