A stop was conducted on our client’s vehicle for traveling 70 mph in a 50 mph zone. The Deputy observed an odor of alcoholic beverage coming from the driver and observed signs of impairment. A DUI investigator was called to the scene. The DUI Deputy requested the Defendant perform field sobriety exercises, which the Defendant agreed to do. During the exercises, multiple indicators of impairment were observed and the Defendant was arrested for DUI. The Defendant refused to submit to a breath test after being arrested. The Department of Highway Safety and Motor Vehicles issued a 12 month suspension of the Defendant’s license based on the refusal.
Results: The firm filed a formal review request with the DHSMV and after the review hearing, the 12 month suspension was set aside based on insufficient evidence to support the suspension.
DUI & Criminal Division
