Case:
State v. J.K.
Charges:
Third Degree DWI – Test Refusal and Implied Consent License Revocation
Outcome:
License revocation rescinded and all DWI charges dismissed
J.K. was arrested on suspicion of DWI. After her arrest, she was taken to the police station and read the Minnesota Breath Advisory. Under Minnesota law, refusing the breath test offered after arrest is a crime. J.K. agreed to give a breath sample and attempted to do so. However, during the test, she had trouble providing a strong enough breath for the machine to accept the sample. The officer claimed she refused the test by intentionally providing a weak sample.
When J.K. hired our office, she was adamant she did her best to provide a good breath sample. We obtained the full breath test record and the videos from the testing room. The record showed that J.K. provided long steady breaths multiple times. She also informed the officer that she has trouble breathing.
We scheduled a contested hearing to argue that J.K. did not actually refuse the test. The video showed her multiple efforts and the officer’s rude and brazen attitude towards her. During his testimony, the officer was aggressive and seemed to dismiss J.K.’s breathing problems.
Ultimately, the judge ruled in our favor finding that J.K. made an honest, good faith effort to provide an adequate breath sample. The judge ordered that her license revocation be rescinded. Ultimately, all DWI charges against J.K. were dismissed.