Maybe there is video evidence he couldn't navigate walkin'????? just sayin'
Sorry, I'm in a stupid mood.
Remember Ross Jenkins run in with the La. Game warden coming back from the lake? I thought that was assinine.
Well, I'll let Sooner and the other Law Dawgs correct me if I'm wrong, which I probably am, but best case scenario for Dak is that he and his legal team get with the DA and plea down to a Drunk in Public charge since there's no breath evidence. Maybe pay the speeding ticket too.
I would think that two inconclusive breath tests would have led to them trying a blood test though? Not sure if that would take an additional order from a judge though. Probably depends on local/county statute.
He should plead "not guilty" and move to dismiss.
They must have been Ole Miss fans, or they were on a power trip.
Assuming he was tested using the intoxilyzer 8000, which I believe is the only approved breath test, invalid sample typically means residual mouth alcohol is detected or a similar interference. Insufficient sample means the person did not blow long enough or stopped before a sufficient amount of breath was detected (very common). Depending on the police department policy, typically after those problems the test is treated as if he refused the test. Also possible they were close to the 2 hour limit, which means any test (blood included) is invalid if done more than 2 hours after arrest. Prosecution is then based on the officers observations, such as odor, bloodshot eyes, slurred speech, unsteady on feet, and observations during standardized field sobriety tests.