Our Client was involved in an accident where law enforcement observed clear signs of impairment. However, there was no odor of an alcoholic beverage, just the odor of burnt marijuana. After being arrested, our Client submitted to the request for a breath test, which confirmed the lack of alcohol, and then a urine test, which showed the presence of marijuana consumption. Because there was no evidence of alcohol consumption, we moved to suppress the breath test and any evidence that stemmed from it, specifically the urine test. At the motion hearing, the State offered our Client a plea to reckless driving instead of DUI. Our Client quickly accepted the State’s offer.
DUI & Criminal Division
