State v. TG

The client was charged with DUI at 7:30am while on his way to take a certification test for his employer. This was his second DUI arrest in 10 years, but his case was reduced to reckless driving because the officer did not have probable cause to arrest. The officer smelled an odor of alcohol, which the client explained was due to a friend spilling beer in his car the night before and the client told the officer he had stopped drinking over 7 hours prior to the stop.  No field sobriety tests were administered due to the unsafe location of the stop and the observations the officer relied on only showed the likelihood that the client had been drinking, but did not provide any evidence that he was impaired.