This case involved a client who rushed to a scene after her boyfriend was involved in a motor vehicle accident. Once on the scene, the officer who spoke to her noticed an odor of intoxicants and asked her if she had been drinking; she indicated that she had. The officer then detained her and requested she perform field sobriety tests. Because she had 3 prior convictions, her legal limit was a .02.
Corey Chirafisi challenged the detention. It all started with the administrative review hearing. At that hearing, the officer indicated that he did not become aware of the .02 standard until after he requested the client perform field tests. The officer agreed that he lacked reasonable suspicion that the client was impaired. The state ultimately conceded the motion, which almost never happens in felony OWI cases. Total dismissal.