STATE v. EC-F

The Result

DUI reduced to Reckless Driving

Defendant was pulled over for drastically drifting in and out of his lane after an officer followed him for over a mile.  Upon contact being made by the Deputy it was noticed that Defendant had a strong odor of alcohol, had slurred speech, was slow to respond to the Deputy, and had difficulty exiting the vehicle.  Defendant was requested to perform Field Sobriety Exercises of which he performed poorly.  During the walk and turn exercise it was noted that Defendant fell out of position during instructions, had difficulty understanding instructions, and missed heel to toe on several steps.  On the one leg stand put his foot down on the count of 9, 11, 12 until he was finally stopped by the Deputy for safety purposes.  On the finger to nose exercise Defendant missed his nose on every attempt and generally looked impaired on the up close video.  Based on this, Defendant was arrested for suspicion of DUI and subsequently refused the breath test.  Attorney was able to point out a language barrier with the client and the Deputy, and the fact that the Deputy did not call in a Spanish speaking deputy to ensure clear communication.  Based on this being a legitimate defense to the poor Field Sobriety performance, Attorney was able to earn a RECKLESS DRIVING downcharge for his client with no further court imposed driver’s license suspension.