Client was arrested for DUI after allegedly driving down the wrong side of the street, driving over a median, and running a stop sign. FSU police alleged that our Client had an overwhelming odor of an alcoholic beverage coming from the facial area. It was also alleged, that he had bloodshot eyes, and swayed when standing. After being asked if our Client had consumed any alcohol, there was an admission of, “Ya, like two beers.” He was then asked if he would consent to a series of voluntary field sobriety exercises, where our client responded, “No. No way!” Immediately after, he was read an implied consent, and requested to submit to a lawful test of his breath, this request was denied. Based on the personal observations made by the officer, our client was placed under arrest for DUI.
RESULT: The attorney argued that with the absence of field sobriety exercises, and the refusal to take the breathalyzer, observations made were that of the officers personal opinion, due to this, our client avoided multiple criminal convictions. No DUI Conviction!