SUPER EXTREME DUI (.230 BAC) REDUCED to REGULAR DUI with 9 DAYS in JAIL due to DENIAL of INDEPENDENT SAMPLE ISSUE – State v. Ms. L. (DMC No. 10586) (Maryvale Justice Court TR2011-146781): Ms. L. was involved in a traffic accident and then was taken to the hospital. Officer’s detected an odor of alcohol, and requested a sample of her blood from the hospital. They did not collect a second sample, which could be independently tested by Ms. L. and her attorney’s. We filed a Motion on her behalf and the State conceded that they may lose the chemical test results. They allowed her to plea to a regular DUI, with only 9 days in jail, instead of the Super Extreme DUI, which would have mandated 45 days in jail.
