I recently successfully defended a DUI in Tampa. My client was a young professional who had been out celebrating with her boyfriend. As she was leaving an Ybor bar, she had neglected to turn on her lights. The police pulled her over and asked her to perform a field sobriety test which she failed. She refused the breathalyzer and was subsequently arrested and charged with DUI.
After a detailed review of the field sobriety video, I argued that the typical slurred speech and bloodshot eyes were not present. She appeared steady and not impaired. I argued this to the State prosecutor who agreed with me. My client's was reduced from DUI to reckless driving that entailed no restrictions on her driving.
At times, the police can be sloppy in how they conduct their field sobriety tests. Also, at times they tend to fail people rather quickly without proper justification. A good trial lawyer can fight back against these charges by contesting the manner in which the field sobriety test has been conducted and/or the decision reached by the law enforcement officer.
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