OWI 1st/PAC.086-Amended to Reckless Driving-Marathon County

The facts of this case are not great for the client.  He went off the road and drove into someone's front lawn, smashing multiple mailboxes in the process.  

The client admitted to being at the bar earlier and refused to perform field sobriety tests.  He admitted to the police that he had consumed 3-4 beers before driving.

He was arrested and consented to a blood test which indicated a blood alcohol concentration of .086, over the legal limit, but not by that much.  The bigger problem was the driving.  OWI cases with poor driving are far more difficult to navigate.  We did have one fact that was extremely helpful, the officers did not know how long the client's vehicle was parked before they made contact with him.  If the test result is not taken within 3 hours of operation, makes the test result inadmissible without expert testimony.

We never got there.  The state agreed to amend the charge to Reckless Driving.  May have been a tough case at trial, thankfully, we will never know.  The client was very happy with the outcome.