DWI with .110 BAC reduced to reckless driving

Police charged our client with DWI after a traffic stop in which he admitted drinking and displayed signs of intoxication. Officers reported that he failed the horizontal gaze nystagmus test, and a station breath test measured his BAC at .110. He was also wearing a shirt that read “Drinking Problem.”We retained a former police officer with expertise in field sobriety testing. He concluded that the arresting officer had administered the horizontal gaze nystagmus test incorrectly and that our client did not display many of the clues identified in the report. After we presented those findings, the prosecutor dismissed the DWI charge and permitted our client to plead to reckless driving with a small fine.