Client stopped by police for speeding. Upon admission of drinking client is asked to submit to field sobriety tests and is arrested and charged with DWI. Post arrest breath test discloses .11 BAC. Defense tests captured samples of breath through independent laboratory which results in non-corroborative finding with .04 variation. Independent laboratory confirms that historically samples submitted for testing from this department’s Intoxilyzer machine were non-corroborative 11 out of 20 times. State replaces Intoxilyzer machine. DWI charge dismissed.