Case #: A4O4xxxxxxx | DUI formal review hearing
On 03/18/21, at 0416 hours, Hillsborough County Deputy responded near the intersection of Dale Mabry Hw / County Line Rd Lutz, FL 33538. Upon arrival, he observed the driver (sole occupant), leaned against the trunk of his gray Honda sedan. The Deputy met with another Deputy and learned he made contact with the Driver on a traffic stop in reference to a reckless driver call for service and observed indicators of impairment. Upon making contact with the Driver, the Deputy introduced himself. While speaking with the Driver, he immediately advised he was not driving and should not be under investigation for DUI. The Deputy observed signs of impairment to include bloodshot, glassy eyes, slurred speech, unstable balance, and detected the odor of an alcoholic beverage on his breath. The Deputy requested the Driver perform Standardized Field Sobriety Exercises and he refused. The Deputy advised the Driver that Standardized Field Sobriety Exercises are voluntary, and that the exercises confirm or dispel any suspicion of impairment. However, if he refused to perform the exercises, the Deputy would have to conclude the investigation and base his decision on the totality of the circumstances. The Deputy also advised Driver that refusal to perform Standardized Field Sobriety Exercises is admissible as evidence in a criminal proceeding. The Driver again refused to participate in Standardized Field Sobriety Exercises. Based on the totality of the circumstances, the Deputy determined the Driver was impaired to the extent his normal faculties were impaired. He placed the Driver under arrest for Driving Under the Influence (DUI). A query of the Driver in the Driver and Vehicle Information Database showed he had a prior conviction for DUI with a disposition date of 03/10/10. The Driver’s license was suspended for 12 months for refusal to submit to a breath test.
Results: The firm filed a request with the DHSMV for a formal review hearing to contest the 12 month administrative suspension. After the hearing, the suspension was invalidated.