The defendant was stopped for a tag light out and no other driving pattern. The officer smelled alcohol the defendants breath, saw that he keep putting gum in his mouth and would turn his head to talk to the officer so that he could not smell his breath. The defendant did all of the Field Sobriety Exercises, but had many discrepancies that the officer noted. A civilian interpreter was used to give the instructions while he was on a ride along. The defendant had trouble understanding this interpreter and went more by what he observed than what he was told. The defendant was arrested for DUI and refused a breath test. After talking to the state and filing a motion, the DUI charge was dropped.
DUI & Criminal Division
