Michael M. was charged with Aggravated DWI. He crashed his car and flipped over. The police arrived on the scene and had him perform a battery of field sobriety tests. The officer determined that the observations on the HGN, Walk and Turn and One Leg Stand test indicated he was impaired. He was subsequently arrested and took a blood test that revealed a .17 Blood Alcohol Level.

At the DMV hearing, I was able to exclude the .17 result as the State had failed to provide the sample to him within the statutory time frame and they had failed to preserve the second sample. I made a motion to exclude the blood test and the Court threw out the result. After the State rested I moved to dismiss, stating that the State had failed to prove that the observations of the officer were as a result of impairment by alcohol and not the crash. The Court agreed.