Refusal of Breath Test Results in Reduced Charge

Boone County, Iowa.  A client who chose to refuse to submit to a breath test recently had her drunk driving charge reduced to reckless driving.  The State agreed to reduce the charge after reviewing the client’s performance on field sobriety tests, her demeanor with the officer, and the lack of any other evidence of intoxication.   Although the client’s license was lost for a longer period of time because she chose not to take the breath test, the State did not have sufficient evidence to proceed to trial on the criminal charge and instead chose to reduce the charge instead of risk losing at trial.