Client was driving home from his birthday party. He was pulled over for failing to signal, and truthfully stated he had drank some beers with dinner. Despite performing well on his sobriety tests, police arrested him for DWI. A breath test would show his BAC was .138. Following a cross examination of the police officer at an ALR hearing, the officer no longer felt there was actually probable cause to Client. The police officer told prosecutors as much, and subsequently Client’s DWI was dismissed.
