DWI >.15 | State v. B.R

NOT GUILTY! .168 Blood DWI in Montgomery County #4.

Client was pulled over for speeding coming home from Renn Fest. Cop spent 1.5 mins with her before calling backup to come smell if she smelled like alcohol.  Cop said she looks “odd” and lethargic. Honestly, she never stood a chance with him. Did the alphabet perfectly, refused WAT and OLS tests due to vertigo. Her HGN only showed 4/6 clues and then she was arrested.  She was arrested because she looked different and it’s big business for Magnolia PD that time of year. Blood came back .168 but she didn’t look like that at all. It was a bad blood draw that affected the entire result. And, no matter how much tolerance the State wants to argue, you can’t hide that you would reek of alcohol at those levels. She didn’t though.  Thank you to my co-counsel Doug Atkinson who dismantled the arresting officer observations.  Thank you to Amanda Culbertson for catching their procedural and legal violations.  And thanks to God for the divine intervention of delivering us the right jurors who followed the law and stayed true to their doubts. Thank you for not being swayed by all the emotions the State tried to sell. They followed the law and returned the right and just verdict of NG.