Nicole Kettwick’s client was charged with DWI based upon an arrest emanating from some improper driving conduct occurring in March, 2016 in Lino Lakes. Nicole’s client was stopped by the police, exhibited “clues of impairment” during Field Sobriety Testing, and agreed to submit to a breath test at the police station. The Datamaster breath testing machine malfunctioned, generating “Interference” errors instead of providing a reading. The officer then requested that Nicole’s client submit to a urine test, which he did. The result of the urine test was .07.
This case had a lot of potential consequences for Nicole’s client since her client is a commercial driver.
In working up the case, Nicole argued that taking the warrantless urine sample violated her client’s rights. She also argued that the “clues of impairment” were very minor and that the state would not to be able to prove that her client was impaired.
Based upon all of this, the prosecutor agreed to amend the charge to a petty misdemeanor Public Nuisance (for the driving conduct). Because of the manner in which the case was resolved, the incident will not go on the client’s driving record and that charge will not affect his commercial driver’s license.