Case 2: Second DUI > Case Dismissed

Summary of Charges Client allegedly failed field sobriety test and the breathalyzer test. Client was facing Second conviction for DUI. License revocation indefinitely.

Outcome: Mr. Shaner argued in evidentiary hearing that the arrest was illegal for lack of probable cause. All evidence was suppressed, and the State had no choice but to dismiss the case. All of the clients driving privileges were reinstated.

The Arrest: The client was arrested by the police after he had run off the roadway, down into a ditch and up the other side of the embankment. When the officer arrived to speak with him, he allegedly had a strong odor of alcohol on his breath, blood-shot glassy eyes, and slurred speech. He admitted to having been drinking before the accident. The client was asked to do field sobriety exercises all of which he allegedly failed. He was then transported to the police station where he took a breathalyzer test which he also allegedly failed.

Facts of the Case: Since this was the client's second arrest for DUI he was not eligible for Supervision. The State was willing, in exchange for a guilty plea, to keep him out of jail so long as he had no other offenses in a one year period of time. However, if he pled guilty, he would have a second conviction for DUI as well as having his license not just suspended for one year, but revoked indefinitely. Mr. Shaner and his client rejected the offer and proceeded to an evidentiary hearing on both the Summary Suspension of the client's driver's license, and a hearing on their Motion to Quash Arrest and Suppress Evidence.

Outcome: As a result of aggressive cross-examination, they prevailed on both matters. The court ordered the rescission of the client's license suspension, and found the arrest of the client to be illegal for lack of probable cause and suppressed all evidence against him. The State had little choice but to dismiss the case. The client was able to retain his full driving privileges, avoided a conviction, avoided having to attend alcohol classes and was not required to obtain an alcohol evaluation.