This client was charged with a 7th offense, if convicted, that included mandatory prison time. He was stopped because police noticed his Ignition Interlock Device was continuing to go off while he was driving. The police stopped his vehicle to investigate. Because of the felony level OWI, the client’s legal limit was .02, making this case much more challenging.
Officers spoke to client and were made aware of the IID not functioning properly. They also indicated that the client appeared nervous during their interactions with him. We filed a motion on the officers request to have the client participate in field sobriety test, which ultimately led to his arrest and prosecution.
After a lengthy motion hearing, even with the low standard based on the client’s .02 limit, the court found that there was not reasonable suspicion to have the client detained and all evidence related to the arrest was suppressed.