Our client was charged with DUI and Refusal to Submit to a Breath Test. An Officer responded to a noise complaint in an apartment complex parking lot. He observed a group of males standing next to the vehicle and he ordered them to turn down the music. Our client sat in the driver’s seat and turned down the music. The officer told him to keep the music down and not to drive because he smelled the odor of an alcoholic beverage coming from his breath. The officer realized that he only spoke Spanish and used a translation app to repeat the warning. Several minutes later the officer observed our client in the same vehicle drive pass him, while playing loud music. He watched him park and walked up to him. The music was still playing loud as he exited the driver seat. After the officer observed him staggering and swaying, he detained him and requested that he perform Field Sobriety Exercises. Our client walked away and was placed under arrest for DUI. He refused the breath test. The State initially offered him pretrial diversion but we advised to wait and allow the attorney to do a full review of the case. After working the case and speaking to the prosecutor on multiple occasions, the charges were dismissed.
DUI & Criminal Division
