Our client was pulled over for allegedly driving erratically. The arresting officer wrote in his police report that when he made contact with the defendant he could smell alcohol on his person. According to the report, the officer also observed that our client’s speech was “thick and slurred.” Our client refused field tests multiple times, a preliminary breath test, and a state-administered test of his blood. According to the report, once our client was arrested he yelled at the officer, saying he would “f— him up.” Allegedly our client also banged his head on the partition in the police car but retained no injuries.
Our client was charged with failure to maintain lane and DUI less safe. Our trial strategy was to question the legality of the initial traffic stop and dispute our client’s impairment since he refused all tests that could be used as evidence of impairment. The client was found not guilty of all charges.