Hamilton County – After arresting the client for OWI, State Trooper invoked implied consent. After requesting a breath sample, the Trooper misled the Client by advising him that if he refused the breath test, he would not be eligible for a temporary license. Based on this misleading statement, the State agreed to suppress the breath test and amend the charge to reckless driving. Due to the suppression of the breath test, the DOT was required to reinstate the client’s license.
