Sheriff’s Deputies were called to the scene of a car facing westbound in the eastbound lane with two flat tires. When deputies approached the car our client was asleep, when asked if everything was okay our client told them that he blew out a tire and was waiting for AAA for roadside assistance. The deputies noticed the smell of alcohol on our client’s breath, that he had bloodshot glassy eyes, and slurred speech. The deputies asked our client to perform field sobriety exercises which he voluntarily did. Our client allegedly performed badly on the exercises, and was arrested for DUI. There was no video taken by the deputies in this case to confirm or deny these allegations.
Our client admitted to the officers that he had two drinks with dinner, but asserted that he performed badly on field sobriety exercises because of the effects of his Type II Diabetes. Our client was asked to take a breathalyzer which he voluntarily did, and blew twice the legal limit at .161.
Our firm prepared for trial. We prepared to challenge the reliability of Breathalyzers on subjects with Type II Diabetes, and assert that any signs of impairment indicated were from the effects of Type II Diabetes.