Anonymized Case Study: Challenging a DWI Charge After a Refused Breath Test

Our client was arrested and charged with driving while intoxicated after a late-night traffic stop. The client declined to submit to a chemical breath test, and prosecutors initially pursued a misdemeanor drunk-driving charge that could have resulted in a permanent criminal record, license consequences, and other significant penalties.

We conducted an in depth review of the discovery materials and police paperwork. In doing so, we identified inconsistencies in the arresting officer's written descriptions of the client's alleged condition, including differing characterizations of the strength of any alcohol odor and related observations recorded on separate mandatory forms. These discrepancies raised concerns about the reliability of the officer's account and the strength of the prosecution's evidence.

We engaged in negotiations with the District Attorney's office in negotiations and highlighted the inconsistencies in the officer's sworn criminal affidavit and the police reports. After considering these issues, prosecutors agreed to resolve the matter by allowing the client to plead to a non-criminal traffic infraction, avoiding a misdemeanor conviction and the creation of a criminal record.

This example illustrates how a careful, detail-oriented review of police documentation in a DWI case, particularly where a chemical test was refused, can uncover weaknesses in the prosecution's proof and support negotiations toward a substantially reduced, non-criminal outcome.