DISMISSED | 2nd OFFENSE DUI (.115 BAC) DISMISSED due to INDEPENDENT TEST ISSUE – State v. Mr. L. (DMC No. 10483) (Kingman/Cerbat Justice Court TR2011-05827): Mr. L. had been in Laughlin Arizona drinking over the course of several hours when he left to drive back to Kingman. A 911 caller claimed that he was weaving all over the road, and he was subsequently stopped and given a preliminary breath test which revealed a .154 BAC. Once at the station, he requested to speak to us, and he called our Firm. Because he had a prior DUI, we advised him to refuse the test and force the State to obtain a search warrant. Ultimately, a warrant was obtained which revealed a .115 blood test. We also told him to request a private phone call and to be released to obtain his independent blood test at a hospital. He was given no private phone call and was not released. Due to these issues we had all charges dismissed against Mr. L. He was originally facing anywhere from 30 to 120 days in jail.
