On January 18, 2006 I was with a DUI1 client at a MVA Hearing alleging he blew a .08 or higher (he blew .14).  The reports submitted into evidence by the MVA indicated he blew into the intoximeter twice and singned the Advice of Rights form after the first blow.  It was probably a typographical error, but I demanded the printout of the meter for the first blow (not available) since only one test may be required.  The administrative law judge agreed, reluctantly, and decided to grant my motion to dismiss the case of the MVA and take no action against my client's license.

Today I convinced the Assistant US Attorney prosecuting another of my DUI1 clients who was charged with DUI, DUI per se, DWI, and Fleeing to Elude Police and blew a .14 that there were 45 minutes not accounted for based upon my timeline from the discovery provided by the AUSA.  He was stopped and arrested at 0115 but was not placed under observation until 0200 and blew the .14 at 0254.  My "concern" was the 45 minutes when records indicate he was not observed after the arrest when he could have ingested alcohol.  To keep from having a trial that he might lose, the AUSA agreed my client would plead to Driving While Impaired (DWI) and the remaining charges would be dismissed, plus he would not oppose my allocution for a Probation Before Judgment disposition that would result in no points by the MVA and a dismissal of the case when my client completes probation successfully.