Man Stopped At random Sobriety Checkpoint Blows .121 and .119No DUI Conviction!
Client was stopped at a DUI checkpoint, where an officer observed that he made a wide right turn and slammed on his brakes. After making contact with the driver, the officer noticed a strong odor of alcohol emitting from the facial area. When asked if he had anything to drink, he said “a few beers down town”. He had extremely slurred speech and was stuttering over his words. He was then asked where he was going, where he responded that he was “just driving around”. He was then asked to step out of the car, and a request was made to participate in a number of field sobriety exercises, and a breathalyzer, where he blew a .121 and .119. He was then placed under arrest for DUI.
DUI schooling programs were developed as a way to educate those that are DUI offenders of both alcohol and drugs. These are non-profit programs that provide education for level 1 offenders (first time offenders) and level 2 (those who have offended two times or more).
Level 1 is a 12 hour course at minimum that offers instruction in an informative and instructional manner. Level 2 is a minimum of 21 hours. This course for repeat offenders addresses focusing on the issues that repeat offenders are having. There is a maximum capacity of 15 students in level 2.
The program will be paid for by the offender and can have various rates depending on which county the class is taken in. Examples of this include if you live or work in Citrus, Hernando, Lake, Marion or Sumter County, you may enroll in the West Central Florida Driver’s Improvement course. The program fees are $299 for level 1 and $448.50 for level 2. The Southwest Safety Council’s program costs $280 for level 1 and $425 for level 2.
Musca Law Firm
If you have been arrested for a DUI, it is imperative that you contact an experienced attorney as soon as you can. Our attorneys will converse with police officers and set up court dates for you. Plus we will handle any paperwork for you. We will work on a great defense that is geared towards lowering or dropping your charges. Our number one goal is to find a desirable outcome for you.
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RESULT: A Motion to Suppress was filed challenging the constitutionality of the checkpoint; with the inclusion of a clear video. The State offered DUI School and probation in lieu of the Motion to Suppress. No DUI Conviction!