The defendant was stopped for cutting off a police officer causing the officer to slam on his brakes. When the officer approached the car, he noticed an odor of alcohol, red eyes, and constricted pupils. Our client admitted to having 4-5 beers. The officer then requested that he perform field sobriiety exercises After this request, our client stated “I only had 6-7 beers.” He eventually agreed to perform the exercises. Based on his performance, he was arrested. An open container of Bud Light was also found in his vehicle. Once at the breath testing center, our client refused to take the breath test. We filed a motion claiming our client’s driving pattern was necessary to avoid colliding with another vehicle that was driving erratically. After reviewing the video and facts, the State dropped the DUI.
DUI & Criminal Division
