Defendant Charged with Second DUI after Driving through Checkpoint

NO DUI CONVICTION!

Driver entered a sobriety checkpoint. The officer noticed the driver smelled of alcohol and exhibited signs of intoxication. He failed field sobriety testing and possessed a blood alcohol content level of .118 and .117, well above the legal limit of .08. Officers arrested the defendant and charged him with DUI, second offense.

RESULT: The defense filed a motion to suppress evidence based on the constitutionality of the checkpoint. The defense convinced the State to avoid an additional hearing on the motion in exchange for reducing the charges resulting in NO DUI CONVICTION!

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