Case 5: Second DUI > Not Guilty of DUI

Summary of Charges: Second DUI, client allegedely failed field sobriety test. Refused the breathalyzer test. License was revoked. Client was facing License would be revoked for an indefinite period. The client faced a minimum three year wait to reinstate his license.

Mr. Shaner went to trial and argued that the state failed to prove his client guilty beyond a reasonable doubt. Client received supervision for Improper Lane Usage and fined $100.00.

The Arrest: The client was stopped by the police after allegedly crossing the center line of the road, with both driver's side tires several times. After being stopped, the client allegedly had trouble retrieving his driver's license, failed to explain why he was headed toward North when he intended to go to South and admitted that he was "lost". The officer allegedly observed the driver to have blood-shot glassy eyes and a strong odor of alcohol on his breath. The client also admitted to drinking "two beers" an hour or so earlier. The officer requested the driver to exit to perform field sobriety exercises. The client allegedly staggered and swayed as he walked to the rear of the vehicle, and also allegedly failed all sobriety tests. The officer then arrested the client and transported him to the police station. The client refused to take a breath test. Since this was the client's second arrest for DUI, his driver's license would be revoked for an indefinite period, upon conviction.

Outcome: They refused the State's offer of one year Conditional Discharge (probation) and went to trial. After a contentious trial before the Judge, the client was found Not Guilty of DUI. The client retained his driver's license. The client avoided a minimum three year wait to reinstate his driving privileges. The client received Supervision for Improper Lane Usage. He was fined $100.00.