DUI & Criminal Division

The Defendant was driving over 100 miles per hour on I-95 swerving and driving erratically. The Defendant sped by one vehicle and stuck her middle finger up at the witness. The Defendant then crashed into a vehicle sending it into a concrete wall and into another vehicle. When the officer arrived he smelled an odor of alcohol coming from the Defendant as well as watery eyes and low, slurred speech. She was shaking very heavily on scene and vomited on three separate occasions in front of the officer. The Defendant agreed to perform roadsides and admitted to drinking a Corona. She performed poorly on roadside exercises and was arrested. The Defendant was brought to jail and taken to the breath alcohol testing facility where she was placed on camera. The video depicts the Defendant immediately vomiting into a garbage can. After consenting to a breath, the results showed a .062 and .064 alcohol level. She refused to submit to a urine sample after being requested to do so by the officer. The Firm was hired regarding the officer’s charging the Defendant with Driving Under the Influence. Based upon the low breath reading and the urine refusal along with problems with the BAT video, the charges for Driving Under the Influence were not filed by the State of Florida.