Our client had been arrested on two separate occasions relative to two DUIs. In November of 2009, he unlawfully drove a vehicle under the influence of alcohol where he was also involved in a crash resulting in damage to another vehicle. At the time of the accident, our client’s blood alcohol level was above .15%. In March of 2010, our client was stopped for failing to maintain a single lane and making an abrupt stop at a red light causing the vehicle to bounce. After making contact with the driver, the officer noticed a strong odor of alcohol emitting from the person and the vehicle. When the driver was asked to step out of the vehicle, he needed to use the vehicle for support to maintain a standing position. Our client consented to field sobriety exercises, where he performed poorly, however, he refused the breath test. Our client was arrested, charged with DUI, and transported to the jail for booking.
Field Sobriety Testing
Field sobriety testing (FST) is a group of tests that are done when a driver is suspected of a DUI (driving under the influence). They help law enforcement determine if they have probable cause to arrest a driver for DUI. The outcome of these tests, including video, can be used in court against the said offender.
Law enforcement uses three tests as part of the FST. These are one-leg stand, horizontal gaze nystagmus, and walk and turn. They may also use counting tests, a finger to nose test, and a Romberg Alphabet test.
Any individual has the right to refuse to take a field sobriety test. You will most likely still be arrested, but without the results of the field sobriety tests, it will be harder to prove in court that you were intoxicated at the time of arrest.
Hiring Legal Services
If you or someone you love has been charged with a DUI, it is imperative that you hire legal services to assist you in court. If you are convicted of a DUI, you will face jail time, probation time, and hefty fines. You will also be required to attend DUI schooling, will lose your driver’s license, have to perform community service, and more.
Consider hiring Musca Law Firm to appear by your side in court. We offer a free, no-obligation initial consultation to new clients and have taken on numerous DUI cases. Many times we have negotiated with the prosecution to have charges reduced or dropped altogether. We have several defenses that may work for you and will fight tooth and nail for your rights. Our law firm has over 150 years of combined experience. We will be as aggressive as we need to be in order to help you protect yourself and your rights!
RESULT: The officer who had performed the arrest appeared in court, however, he did not make a good witness. The Breath Tech failed to appear during the two business days he had to present good cause. After diligent negotiations in both cases, the client escaped two license suspensions, DUI Charges were set aside, and his driver’s license was successfully reinstated!