John's Bothell .18 DUI Case Resutl (City of Bothell v. John)
Outcome: DUI reduced to Reckless Driving - No Jail.
Description: According to the police report, the officer pulled John over for his rear passenger tail light was not being illuminated. Upon contact the officer reports John was cooperative, had fair coordination, orderly clothes, watery and bloodshot eyes, flushed face, obvious odor, and slurred speech. The officer told John the reason for the pullover and requested license and registration. As John spoke, the officer noticed a strong odor of intoxicants coming from the interior of the vehicle. The officer asked John if he had been drinking alcohol, and John told him that he drank one 22 oz beer 2 hours ago. The Officer asked John to participate in field sobriety tests, and he agreed.
The field sobriety tests were conducted on a paved, level, street with street light and flashlight. The Horizontal Gaze Nystagmus test gave the officer six out of six indicators. On the Walk and Turn test John spun around his right foot instead of his left, while his left foot raised up off the ground. During the One Leg Stand John's arms were not kept at sides - he raised arms from sides about 1-2 inches, and stopped counting at 13 and then asked if the officer wanted him to keep going. John told the officer to stop at 32 seconds; he had eyelid tremors, and swayed 2-3 inches. After failing the field tests John then blew a .185 in the portable breath tester.
John was arrested and transported to Bothell Police Department for the evidential breath test. The officer explained to John that signing the DOL HRG request form was only acknowledging that his license was punched, and John stated he wanted to read it before he signed it John still seemed confused about the suspension of his license and the officer explained numerous times to John that he did not need to sign the form, and what the form meant. John then signed the form and wrote “told to sign” next to it. John did not appear confused about the entire process until the officer asked him to sign the acknowledgement of notice of right to a hearing. John provided breath samples at .183 and .181.
John was finally released to his wife. The Bothell Prosecutor charged John with DUI with aggravating factors due to the high breath test reading.
---The names have been changed to protect the innocent. We choose a fictitious name to represent a real person.
Practice area(s): DUI / DWI