Our client was pulled over after law enforcement witnessed one of his passengers vomiting out the door of his vehicle. Our client was the designated driver in a vehicle with 5 people in it. After law enforcement made alleged observations that our client was impaired, our client was asked to perform Field Sobriety Exercises. Based upon his performance on the exercises, our client was placed under arrest for Driving Under the Influence. Our client submitted a breath sample, which was .017, well below the legal limit of .08. Law enforcmeent then requested a Drug Recognition Expert conduct an evaluation of our client. After the evaluation, our client was believed to be under the influence of “depressants”. Law enforcement also collected a urine sample – which came back clean. The case was set for trial and the State wound up dismissing the charges against our client. This is a case that shows that the techniques law enforcement use to determine if someone is under the influence are greatly flawed and nothing law enforcement does should be taken at face value.
DUI & Criminal Division
