The defendant was discovered by police driving a vehicle after a clerk warned officers on the scene of a person drinking beer in the parking lot. Officers then made contact with the defendant and discovered that he had signs of impairment. The officers then detained him for over an hour while they waited for a DUI investigator to arrive at the scene. At which point roadside sobriety exercises were conducted and the defendant was taken to jail where he gave a breath sample in excess of the legal limit. Defense counsel filed a motion to suppress the DUI investigation based upon the fact that the defendant had been detained for too long on too little evidence. The defendant was cleared of all DUI charges and the case was dropped.
DUI & Criminal Division
