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.