State v. D.W.S.R.
It is happening more and more -- people who actually test below the legal limit are being charged with DWI. That happened to our Carver County client, who was charged with driving while impaired after a breath test reported an alcohol concentration of 0.06. These types of cases can, ironically, be even more difficult to win than cases where someone is above the legal limit; once a prosecutor decides to charge a case, it is very, very difficult to convince them to change their minds. However, we did just that, and all of the charges against our client were outright dismissed.