A driver entered into a DUI checkpoint and failed to stop as requested. He handed the officer a credit card rather than his driver’s license. The driver failed field sobriety testing and submitted to breath testing. He possessed a blood alcohol content of .239 and .209. Officers arrested the driver for his fifth DUI offense.
RESULT: The defense filed a motion to suppress the constitutionality of the DUI checkpoint hosted by the police. The State offered a reduced charge of reckless driving instead of moving forward with the attorney’s motion. The defense prevailed on behalf of the client with NO DUI CONVICTION!