DUI (.118 BAC) DISMISSED – State v. Mr. G. (DMC No. 7670) (Fountain Hills City Court TR2007-00764): Mr. G. was seen by a police officer traveling approximately 50 mph along Saguaro Boulevard. He was subsequently pulled over and arrested for a DUI. As the officer was asking him to provide a breath test, Mr. G. repeatedly stated that he wanted to talk with his attorney before he provided a test. The officer erroneously told him that “he did not have a right to consult with an attorney prior to agreeing to a test of his breath”. The officer was clearly mistaken as to the law, and the DUI was dismissed due to “Denial of Right to Counsel” issue.
