Driver Forced Himself to Vomit to Avoid Breathalyzer; License Suspended for DUI


Officers initiated a traffic stop on a driver who ran a red light. The driver hit the curb before coming to a complete stop. The defendant exhibited signs of intoxication and admitted to drinking a “few” beers. The officer arrested the driver on suspicions of DUI. He agreed to submit to a breathalyzer test, but passed out. Then the driver made himself vomit forcing the officer to start the test over every 20 minutes after he voluntarily regurgitated. The DHSMV suspended the defendant’s license after his arrest for DUI.

RESULT: The defense requested a formal administrative review hearing and challenged the suspension of the client’s license. The defense questioned the evidence against the client and prevailed. Thanks to the attorney the hearing officer ruled that the officer lacked probable cause and REINSTATED the client’s license.

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