The Client was involved in an accident at a McDonald’s drive thru late at night. When law enforcement arrived they believed the Client was impaired by alcohol and asked him to submit to roadside sobriety exercises, to which the Client declined. The Client was then arrested and transported to the breath alcohol testing facility where he refused to give a breath sample. As a result he was charged with his second DUI within a period of five years and a refusal to submit to breath testing. This charge carried with it mandatory jail and a mandatory five year license suspension. The Firm immediately began conducting depositions in the case and looking into the accident at issue. Finally, the Firm discovered that the first witness involved in the crash, did not believe that the Client was impaired. This fact, combined with the fact that the Client refused to give a breath sample or do the exercises, contributed to a lack of evidence of impairment. The Firm argued that the lack of evidence would result in a not guilty verdict for the Client. The State agreed and dismissed the DUI charge.
DUI & Criminal Division
