The Client was discovered asleep behind the wheel of his vehicle at an intersection by law enforcement. The Officer determined that the Client may be impaired and asked him to submit to roadside sobriety exercises, which the Client then performed poorly on. The Client was then arrested for DUI and gave a breath sample almost twice the legal limit when he arrived at the jail. The Firm argued that there could be an issue establishing that the Client was impaired when he was in actual physical control of the vehicle, or in other words when he was awake, since no one actually saw if he was impaired when he was actually driving, and he wasn’t just tired as it was in the middle of the night. In addition, the Firm discovered that the Client was cooperative and had a lack of any prior criminal history. The State agreed to dismiss the DUI charge.
DUI & Criminal Division
