DUI (Indian River County)

Facts: Our client had been up for almost 24 hours and had been to a social even before being stopped at around 6:00AM. He was honest and told the Deputy he had about 6-7 beers between 5:00PM and 3:00AM. He complied with all requests of the deputy and was incredibly polite. Despite that he was arrested for DUI and taken to the jail to provide a breath sample. He blew a .098 and a .104.

Results: Our client is a CDL holder and had to take his case to trial to avoid losing his CDL. We reviewed all of the evidence and felt our client did not look impaired in the roadside video. So, we set the case for trial pretty quickly. At trial the arresting officer indicated our client had dip in his mouth. Then the officer who performed the breath test testified our client never rinsed his mouth and he did not check for any substances in our clients mouth prior to administering the breath test. The breath test operator also testified tobacco can impact the accuracy of the results. We argued this to the jury and they agreed and found our client not guilty.