DUI with Property Damage (St. Lucie County)

Facts: Our client found himself in an accident on his way home one night. He had lost control of his vehicle going around a tight curve and hit the side of a home. Officers who responded to the scene indicated they smelled alcohol on our client and that he appeared to be impaired. He was asked to perform field sobriety tasks on the roadside and was then taken to provide a breath sample. He blew 0.00 and was then asked to provide a urine sample. The results of that sample revealed only carboxy-THC, a biproduct of THC.

Results: From the time we first reviewed the case we realized something was off. We requested that the urine be tested right away. When the results came back as nothing than carboxy-THC we obtained an order to depose the toxicologist. That deposition revealed what we suspected which is that the carboxy-TBC is a metabolite of THC and is not psychoactive. This case was set for trial based on this information. After taking this information as well as well as detailing the other weaknesses of the state’s case we were able to secure a dismissal of all charges rather than trying the case or my client accepting an offer.