This case involved the Defendant’s second DUI offense within 5 years of a prior conviction, which is punishable by mandatory jail time and a 5 year driver’s license revocation. The Defendant was clocked by a road patrol officer for the Davie Police Department going 90 mph in a 50 mph zone. The officer initiated a traffic stop and noticed the Defendant to have the odor of an alcoholic beverage on his breath; bloodshot and watery eyes; and needed to use the door of his vehicle for assistance when he exited his vehicle. The Defendant was then taken to an area for roadside sobriety tests. The Defendant put his foot down several times during the one leg stand and began counting in a scattered manner during that exercise. During the walk and turn exercise, the defendant missed walking heel to toe on at least four occasions and could not maintain the instructional position. The Defendant was arrested for his second DUI and refused the breath test resulting in the suspension of his driver’s license. The Defendant also admitted to consuming multiple alcoholic beverages prior to driving. The Defendant was found not guilty by a jury after trial.
DUI & Criminal Division
