The Defendant was seen by witnesses driving over a median and swerving all over the road. An officer then witnessed a similar driving pattern with the Defendant almost striking a curb several times. The Defendant took a while to stop and eventually exhibited signs of impairment including an odor of alcohol and being unsteady on his feet. There was an open 12 oz can of budlight beer and several unopened cans in the car. He admitted to drinking “2 beers” and was cooperative. He performed roadsides poorly and was arrested. At the jail he blew a .074 two times. He was requested to submit to a urine sample but refused after being told he would lose his license for 1 year. The law in the State of Florida requires that the officer have a reasonable belief that the Defendant is under the influence of a controlled substance before a urine can be requested. After a full review of the case, the State of Florida agreed not to file any charges against the Defendant.
DUI & Criminal Division
