On December 27, 2018, Hillsborough County Deputy observed a Tahoe parked in front of a closed business. The Deputy parked his vehicle behind the Tahoe with no emergency equipment activated. As the Deputy pulled in behind the vehicle, he observed the brake lights illuminate and reverse lights turn on. The vehicle began to move backwards until the Deputy blew his horn to alert the driver of his presence. The Deputy then approached the driver of the vehicle and immediately observed the odor of an alcoholic beverage on the Defendant’s breath. There were opened beer containers in the back of the vehicle. The Driver submitted to field sobriety exercises and was arrested for DUI after exhibiting multiple clues of impairment. The Defendant then provided a breath test with a breath alcohol level of .23/.25.
Result: The firm challenged the administrative suspension for unlawful breath alcohol level with the DHSMV. After hearing on the evidence, the DHSMV hearing officer invalidated the suspension based on an illegal detention. Client was instantly eligible to get his driver’s license back without any restrictions.