The Client was charged with a DUI after being stopped for failing to maintain a lane and also based upon several calls to dispatch for the same traffic pattern. The Client did not perform well on his field sobriety exercises and was arrested and transported to the breath alcohol testing facility. The Client was then requested to give a breath sample. The Client attempted to give a breath sample but was unable to meet the machine’s requirements within the time frame required. Two samples, which were outside the time limit allowed by law, indicated a breath sample almost three times the legal limit. The Firm began representing the Client and challenged the State on the admissibility of the breath samples that were not properly taken. It was also argued by the Firm that there was the possibility that the stop of the vehicle was unlawful. The State agreed and dismissed the DUI.
DUI & Criminal Division
