REDUCED | DUI (.142 BAC) State v. Mr. E. (DMC No. 4611) (Coolidge City Court TR2004-0229): REDUCED to RECKLESS DRIVING with ZERO DAYS in JAIL – Mr. E. was riding his motorcycle on Arizona Boulevard in Coolidge, Arizona when the car in front of him slammed on their brakes. He rear ended the vehicle and flew over his handle bars. He was subsequently contacted by police and processed for a DUI. While he was at the police station he provided a .142 BAC on a breath test. We discovered that no appropriate Department of Health Services (DHS) checklist was used during his breath test. We were able to show the Prosecutor that the breath test would be suppressed, and they agreed to dismiss the DUI in exchange for a Reckless Driving with zero days in jail.
