The defendant was stopped for speeding. The officer noticed that he had an odor of alcohol on his breath, his eyes were bloodshot, and his speech was slurred. She asked him to exit the vehicle and perform field sobriety exercises. He did exit the vehicle, but refused to perform the exercises. Instead, he requested an opportunity to give a blood sample. The officer declined his request and arrested him. They asked him at that point to provide a breath sample. He refused that as well and again offered to give a blood sample. His request was denied again. On the day of trial, just before the jury was called, the state dropped the DUI.
DUI & Criminal Division
