Client arrested and charged with Operating While Intoxicated (OWI) – Fourth Offense. His blood alcohol content level (BAC) was well over 0.20, nearly 3 times the legal limit. He had been seen by witnesses driving back and forth in front of his home squealing his tires. Defense filed a motion to prevent the State from counting Client’s second and third OWI toward the total number of Client’s OWIs (called a “collateral attack” or “collateral challenge”).
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REsults
The court granted Defense’s motion and Client’s OWI-4th became an OWI-2nd.
