DUI & Criminal Division

On 10/10/09 at approximately 2100 hours, police dispatch was advised of a traffic crash on East Vina Del Mar Blvd. When the officer arrived a 2005 BMW had impacted a parked Kia. The BMW was driven by the Defendant. The passenger in the BMW advised they were coming back from Caddy’s. The Defendant, who had gone into the residence to speak with the owner of the Kia, then came out and explained to the officer that he had injured his shoulder in the accident. The officer noticed a strong odor of alcohol coming from the Defendant. He also spoke with a slurred thick tongue. The Defendant was then transported onto a backboard and taken inside an ambulance for an apparent separated shoulder. The Defendant was asked for consent to a blood draw, which he refused. The Defendant was then read Florida’s implied consent law and asked to submit to a blood draw, which he also refused. The officer then had the medic perform an involuntary blood draw. The results of the blood alcohol test were .285 and .288. The Defendant was arrested for DUI on. Results: The firm filed a motion to suppress the blood results, which was granted. After the judge granted the motion, the state dismissed the DUI case against the Defendant.