Mark W. Garka's Client had a mouth piercing that the City Officer failed to have her remove prior to her giving a sample of her breath. In her Department of Licensing (DOL) Hearing, the City Officer confirmed that in fact he did not have her remove her mouth piercing. The presence of a foreign object in a mouth during a breath test is against procedure, therefore Mark W. Garka won the DOL Hearing. Mark W. Garka negotiated a reduction to a Negligent Driving in the First Degree in the criminal action. Despite her 2nd DUI in 7 years, Mark W. Garka's Client did not go to jail, did not lose her license, did not need an Ignition Interlock Device and did not require SR 22 insurance.