An assistant state attorney was arrested over the weekend after nearly crashing into a deputy sheriff's car. The vehicle continued on, where it was weaving in and out of lanes, before striking the curb stone.
After arriving where the vehicle had been stopped the deputy had observed a strong odor of alcohol on the driver to include slurred speech and glassy eyes. Common observations made by officers during an alleged DUI stop.
The driver denied that he had been drinking and refused to submit to a field sobriety test and a breathalyzer test. A DUI arrest was made, with the assistant state attorney being suspended from his position pending an internal investigation.
It is common for officers that are conducting field sobriety checkpoints or traffic stops to report that a strong odor of alcohol was observed, that the driver had glossy eyes and slurred speech. These observations are in fact subjective. The question would arise, does the officer know what an individual's eyes would look like on a daily basis. Observing a strong odor of alcohol is an opinion dependent upon the sensitivity of an individual's senses.
A good criminal defense attorney would argue these facts while incorporating the refusal of field sobriety testing and the refusal to take the breathalyzer. All that is left is the officers word.
When faced with a serious DUI charge, it is imperative to retain an experienced and aggressive DUI Criminal Defense lawyer to conserve your constitutional rights and compass the best possible outcome. Consult a criminal defense attorney who will determine what defenses may be available to you.
Musca Law provides experienced DUI and Criminal Defense Attorneys who investigate exhaustively to build an effective case for their clients. Simply be polite, provide the documents requested and call Musca Law.
