Our Client was arrested for DUI but there was no odor of an alcoholic beverage. Even though there was no odor, the arresting officer compelled our Client to submit to breath testing, which confirmed there was no alcohol in his system. Because the breath test was negative, the officer compelled our Client to provide a urine sample, which contained the matabolites from Marijuana. We filed a motion to suppress the breath test and anything that stemmed from it; specifically, the urine test. Our position was that the breath test was unlawfully compelled because the officer had no cause to believe our Client was imparied by alcohol. Before our motion could be heard by the Court, the State dropped the DUI.
DUI & Criminal Division
