Peter Ickes obtains suppression of alcohol breath test results

Posted on: February 8th, 2024

Peter Ickes was able to successfully obtain suppression of breath test results for blood-alcohol content in an OWI – first offense, leading to a far better outcome for his client. In this matter, his client was charged with operating while intoxicated. The client’s breath test result for blood alcohol content came back above the 0.15 limit to be eligible for a deferred judgment. In these cases, a deferred judgment is far preferable to a conviction, as the record will be expunged after successful completion of probation, whereas upon conviction the record remains a publicly-accessible record forever. After scrutinizing video of the breath test, Peter determined that the arresting officer violated the implied consent protocol when he allowed our client to continually dip chewing tobacco throughout the testing procedure. As a result, the breath test results were invalid due to the presence of a foreign object in the mouth that could affect the test. Based upon this evidence, Peter was able to convince the prosecutor to agree to suppression of the results, leading to a deferred judgment at sentencing. If the client successfully completes probation, the record of the case will then be expunged as a matter of law.

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