Case 3: Second DUI > Not Guilty of DUI

Summary of Charge: Second DUI, client allegedely failed field sobriety test and the breathalyzer test. License was revoked.

Client was facing: One year conditional discharge and a second conviction for DUI. Obtain an alcohol evaluation, attend alcohol classes, both at his own expense. License suspended for one year as well as being revoked until he could - through a separate proceeding, have his driving privileges reinstated.

The arrest: The client was stopped by the police after allegedly crossing the center line of the road with both driver's side tires twice. After being stopped, the officer allegedly observed the client to have blood-shot glassy eyes and a moderate odor of alcohol on his breath. The client also admitted to drinking "two beers" an hour or two earlier. The officer requested the driver to perform field sobriety exercises, all of which he allegedly failed. The officer then arrested the client, and after transporting to the police station had him perform a breath test which the client also allegedly failed. He was charged with two counts of DUI and Improper Lane Usage.

Facts of the Case: This being the client's second arrest for DUI he was not eligible for Supervision. The best the State could offer was a one year conditional discharge which would have allowed the client to avoid jail time, but would have ended in a conviction for DUI. The client would also have had to obtain an alcohol evaluation, attend alcohol classes, both at his own expense, and would have had his license suspended for one year as well as being revoked until such time as he could - through a separate proceeding, have his driving privileges reinstated.

Outcome: Mr. Shaner and his client rejected the State's offer and proceeded to hearing on the suspension of the client's license. They also filed a Motion to Quash Arrest and Suppress Evidence. After a contested hearing, they prevailed on both the suspension and on the Motion to Quash and Suppress. The court ordered the client's license suspension rescinded, and granted their motion suppressing the evidence. The State declined to proceed further on the DUI charges for lack of evidence. The client was able to avoid all charges except for Improper Lane Usage for which he received Supervision.