State v. TR

The client was stopped for a tag light violation and officers investigated for a possible DUI.  She asked if she had to perform the field sobriety tests and was told that they were mandatory and she would be arrested if she refused. The client then submitted to the State breath test and blew 3 times the legal limit.  This was her second DUI in 5 years and she was facing significant jail time and a 3-year license suspension.  An investigation revealed the officer had not properly advised her of implied consent rights and because she was coerced into performing field sobriety tests, both the fields and the breath test results would have been inadmissible at trial. Because there was little other evidence, the State agreed to reduce the DUI charge to reckless driving.