DUI with a blood alcohol level of .097 reduced to a reckless driving with a fine, and no jail.

Client was driving with a blood alcohol level of .097 and charged with DUI above .08. We argued that a breath machine has a margin of error of plus/ minus 10% giving a spread of 20% error in the result. The state agreed and amended the DUI charge to a reckless driving charge with a small fine, no jail or alcohol classes and no driving restrictions.