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.
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!