Florida Highway Patrol witnessed a vehicle swerve into oncoming traffic and almost hit a construction barricade. The Officer initiates a traffic stop. The Defendant smells of alcohol, has blood shot and watery eyes, difficulty standing, slurred speech and his shirt is stained with an unknown red liquid. The Defendant agrees to submit to a roadside sobriety test and he tells the Officer that he just left a wedding where he had a couple of glasses of wine. The Defendant fails the sobriety test and is arrested and charged with DUI. At the Palm Beach County Jail, the Defendant refuses to submit to a Breathalyzer Test and further Officer questioning.
RESULT: Upon refusal of the Breathalyzer Test, the Defendant’s driver’s license was instantaneously suspended for 6 months. The Defense Attorney motioned for aFormal Administrative Review of the Client’s suspended license. The Defense successfully argued to the Florida Department of Motor Vehicles that the Client was not under the influence of alcohol or drugs at the time of the arrest. The Florida Department of Motor Vehicles reinstated the Client’s driver’s license and the 6-month suspension was LIFTED.