Saperstein’s client was charged with OWI and, separately, with refusal to submit to chemical testing (out of the same incident). Client had been pulled over for failing to turn on his headlights after leaving a parking spot near a downtown bar. Client refused to perform field sobriety tests and refused to submit to breath testing (he told officer he would give blood, but officer offered breath). At the refusal hearing, Saperstein successfully argued that the arresting officer did not have probable cause to arrest, making the client’s refusal a valid refusal (not illegal).  The State had to dismiss the refusal and the OWI.