Dismissed

Summary: 0.09 breath test!!! The client is a minor (20yrs old) and a college student. He was stopped for an expired registration by Houston PD after leaving Pluckers Wing Bar and on his way home to drop off a friend at his house. The client admitted to consuming multiple Modelo Beers.  The client performed field sobriety tests and the officer notated that my client failed 2 out of the 3 standardized tests. Subsequently, my client consented to a breath test and blew a 0.09 back at the station. I was able to point out to the prosecutor that the State’s expert witness breath technical supervisor would not be able to scientifically and reliably say that my client was above the legal limit (0.08) at the time of driving and therefore the breath score of 0.09 an hour later would not be reliable to prove my client was DWI. Therefore, the State did the right thing before we went to trial and dismissed the case outright.