REDUCED | EXTREME DUI (.168 BAC) State. vs. Mr. W. (DMC No. 9873) (Tempe City Court No. 10-046457): Mr. W. was leaving Hungry Howie’s Pizza in Tempe when he was trying to get into his apartment development. A tow truck was blocking the entrance and Mr. W. thought he could squeeze by. He did not see that the tow truck’s boom was down, and he struck it. Mr. W. then called the police. Ultimately police arrived and detected an odor of alcohol and arrested Mr. W. While at the station, he provided a .147 breath test, followed by a .168 breath test and then a .170 breath test. Because of the irregularities in the breath testing device, coupled with the fact that Mr. W. was the one that called the police, we were able to negotiate a plea from an Extreme DUI with 30 days in jail down to a regular misdemeanor DUI with 1 day in jail.
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