DUI (.136 BAC) DISMISSED due to DENIAL of RIGHT to COUNSEL ISSUE – State v. Mr. C. (DMC No. 6087) (Fountain Hills City Court TR2005-00843): Mr. C. was observed travelling down the wrong side of the street on Saguaro Boulevard. He was then seen crossing over the median to get into the proper lane. He was subsequently pulled over and arrested for DUI and Reckless driving. His blood results produced a .136 BAC. Mr. C. had requested an attorney while at the station, and was not given that option. We filed a Motion to Suppress the alcohol concentration, and the State was forced to dismiss the DUI charge, but not the Reckless Driving charge.
