State v. Werrbach, DUI Second Offense

In this case Mr. Werrbach was charged with a DUI 2nd offense but was functionally facing a felony DUI as he had a prior DUI in 2004 and another DUI pending at the time of trial. Had we lost, the other pending DUI would have been amended to a felony. Police became involved because he and an acquaintance were broken down on the side of the freeway. He blew .23 after being arrested by ISP. I argued he was not the driver. He was acquitted after jury trial.