NOT CHARGED | EXTREME DUI (.166 BAC) State vs. Ms. K. (DMC No. 9827) (Hassayampa Justice Court No. TR2010-143565): Ms. K. was a 70-year old driver who was traveling down the freeway when she rear ended a car, causing a 3 car collision. Upon contact, the officer stated that she had to use the door to keep her balance. He only attempted one field sobriety test and stopped when she fell backwards. Eventually she provided a breath test of a .166. We were able to convince the prosecutor that the impairment that was observed was due to the collision, not to alcohol consumption. In addition, we were able to show that there may have been a problem with the breath testing device. This convinced the prosecutor to extend an offer to a regular dui which included 1 day in jail instead of 30 consecutive days in jail.
