Found an issue on this page? Let us know and we will look into it as soon as possible.
My sister was arrested for a DUI after passing all the field tests. Breath test given later confirmed DUI. Can it be dismissed?
Anonymous4 views8 answers
My sister was pulled over for running a toll. In conversation she admitted that she had a drink about 2 hours prior. She did 3 field tests, passed 2 of them and on the 3rd test, it was noted in the report that she had difficulty walking the line because while standing outside the vehicle she was stung by something that made her foot swell twice its normal size. She was unable to stand on the leg much less walk. The cop arrested her anyway. Once she was taken back to the station another cop did the breath test which showed a .13. Since she passed the field tests and the cop noted there was NO smell of alcohol on her breath or impairment (except the white line test), does she have a chance of having the case thrown out for lack of evidence? Or can the breath test be thrown out?
She needs an experienced DUI attorney. She might be able to beat it depending on the facts. Don't post anything else online and go get an attorney. There are plenty of good ones in Orlando.
DUI's are time sensitive in that you only have ten (10) days to challenge the suspension of your driving privilege. DUI's can be complicated, so any answer to your question here will be very limited.
Everyone thinks they passed the field sobriety tests, but they wouldn't take you in if you had. Your question says she passed, and in your details, she very much didn't, even though she has an excuse. DWIs are very technical, and she needs a solid DWI attorney to advise her and fight for her.
I don't really understand what you mean by she passed all the tests. Just because you sister didn't fall over or throw up on the officer doesn't mean that she passed. But Your sister mat have defenses to the crime nonetheless. I would be happy to review the case with her and she can call to set up an appointment.
Your sister could definitely benefit from speaking to a criminal defense lawyer. There really is no pass or fail on field sobriety exercises. They're merely used as a tool for the officer to "make observations of impairment." I would dare to say that it is rare that anyone walks away from field sobriety exercises without being arrested. The state will seek to use the unlawful breath result and field sobriety exercises against her. I agree with my colleagues about the time sensitive nature of this issue. Do you know if she has asked for a hearing to challenge the suspension of her drivers license? Has she been to arraignment yet? Call a lawyer today on this issue.
