Menu Close Menu

Case Results

State v. T.B. Drug DUI based on results of DRE exam - no blood test

April 2011

Charge: Drug DUI

Maximum Penalty: up to 364 days incarceration, up to a maximum $5,000 fine, driver's license suspension, ignition interlock device per DOL, 5 years probation, court ordered alcohol and drug assessment and completion of any recommended treatment.

Summary: Defendant was involved in a one-car collision after witnesses reported severe lane travel just prior to the accident. Defendant had a documented history of blackouts related to anxiety and stress. The arresting officer did not report noticing any order of intoxicants coming from the defendant.  Defendant denied using alcohol or drugs.  Officer arrested defendant after he refused to participate in the voluntary field tests or take a portable breath test.

Legal Issue Raised: Whether the officer had probable cause to arrest a defendant for DUI when the only observations are of confusion, disorientation and erratic behavior following the impact of a collision?

Result: Motion to dismiss granted based on no probable cause to arrest.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.