May 5

DWI Case Dismissed – Cop Illegally Ordered PBT! (2014)

DWI Case Dismissed – Cop Illegally Ordered PBT! (2014)

Ryan and Elizabeth’s client was pulled over for having her license plate partially covered up with snow. The arresting officer smelled the odor of alcohol coming from the car. Though our client was the only person in the vehicle, she had just dropped off other intoxicated people. The officer “suspected” drinking after driving, but admitted that she could not determine whether the odor of alcohol came from our client or from the car. The officer ordered our client to take a PBT without requesting any other field sobriety tests. Later, our client took another breath test showing a .14 BAC. We challenged the case on the issue of the illegal PBT order and the judge agreed with us that the officer illegally ordered the PBT. The judge suppressed the test results and dismissed the case.

See our memorandum to dismiss

See the judge’s order dismissing the case here