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State v. A.H. – Refusal

A.H. was pulled over for weaving. The officer noticed that A.H. had a strong odor of alcohol and he was unsteady on his feet. The officer testified that A.H. failed field sobriety evaluations, and arrested him for DUI. A.H. also admitted to taking Xanax. A.H. declined the officer's request to blow into the breath test. At A.H.'s trial, Mr. Ryczek convinced the judge that the State improperly charged A.H. with DUI alcohol. A.H.'s impairment could have been caused by his drug ingestion, and the State failed to charge him properly. The judge dismissed A.H.'s DUI case.

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