Charge: DUI

Disclaimer

The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

A driver was observed making a left-hand turn where left turns are prohibited. Upon making the turn, the driver increased her rate of speed and proceeded to touch the center dotted line. The officer initiated a traffic stop, during which the driver had difficulty finding her license and registration and smelled strongly of alcohol. She explained that she was driving some friends home and had consumed three drinks that evening.

She consented to field sobriety exercises. She displayed lack of smooth pursuit and nystagmus at maximum deviation with onset prior to 45 degrees in both eyes. She missed the heel-to-toe pattern and took an incorrect number of steps during the walk-and-turn test, swayed during the one-leg stand exercise, and failed to touch the tip of her nose during the finger-to-nose exercise.

Based on her performance, the driver was arrested for DUI and consented to providing breath samples. She blew .101g/210L and .099g/210L. The State Attorney admitted her into the Deferred Prosecution program. The deferred prosecution program reduces the charge of DUI to reckless driving with alcohol upon completion.