How Can a Driving Under the Influence Attorney Help?
DUI and Traffic Offenses can be quite challenging. You a friend or a loved may need a Tampa DUI Lawyer. The police are often the main witnesses. Scientific evidence from vehicle speed detection, accident reconstruction, the breath test and/or the blood tests are being presented against you. Damaging evidence against you may also include: the breath test (like the I-8000 / Intoxilyzer 8000), the officer’s testimony, and Standard Field Sobriety Tests.
Infographic: How to Save Your Driver’s License
Video: How To Save Your License After a DUI Arrest?
Transcript of Video: How To Save Your License After a DUI Arrest Within 10 days of your arrest, you have got to either challenge the suspension or make an application for a hardship license. Most people who have not had a prior DUI conviction can get a business purposes license and get back on the road.
A Board Certified Criminal Trial Lawyer, like Casey Ebsary, a Tampa DUI – DWI and traffic attorney has knowledge of these issues and can establish your defense against these charges. If you are searching for help from a Tampa Driving Under the Influence Attorney – your search is complete.
Casey Can Fight For You
Video: DUI and Drugs
More Information on DUI and Controlled Substances
What Happens When Someone is Charged a DUI for Drugs?
Video Transcript: Drugs and DUI charges. Many times people will be stopped for DUI, take a breath test, and show no evidence of impairment due to alcohol. At that point law enforcement officers will seek another alternative chemical test – a blood test or a urine test.
Blood tests usually require serious bodily injury or consent of the driver. A urine test does not. failure to comply with a request for a chemical test usually results in a suspension of your driver’s license.
Another consideration is even though the police may have a positive drug test is that enough to convict you of DUI? In most cases it is not. The presence of a controlled substance in a driver’s system does not confirm that they were impaired or were affected by the drugs that were detected driver’s system. The drivers license office usually will suspend your driver’s license if you failed to comply with the test, but a positive test does not guarantee a conviction or the suspension of your driver’s license.
Case May Be Handled In Your Absence
Much of your Florida DUI Defense may be handled in your absence. This is especially true for out of state clients. 316.193, F.S. – DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances) In Florida, DUI is proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. (Source: Florida Department of Highway Safety and Motor Vehicles) There are two distinct cases which must be fought for each case. Call 813.222.2220 today, one has a window of opportunity of 10 days from the arrest.
If you refuse to take a breath, blood, or urine test after being arrested for DUI, or if results of your breath test were .08% or above, your license will be suspended unless a written demand for an administrative hearing is filed within 10 days after arrest.
Questions and Answers – Some Common Questions
- How do I save my license?
Were you arrested within the last 10 days? Then you can apply for an administrative hearing and may get a 30 – 45 day permit. Here is the form DHSMVHearingRequest
- Will my car have an interlock?
If convicted, Second DUI – Yes. Over .15 Maybe.
- Will I go to jail?
Second DUI Within 5 years – Yes 10 days. 3d DUI within 10 years? Yes 30 days. First, you must be convicted.
- Will my boss find out?
If the DHSMV hearing is won, it is kept of the publicly recorded driving record and the chances are greatly reduced.
- Should I fight the case?
You will certainly lose if you plead guilty. If there are problems with the case, we will find them and you may avoid a DUI Conviction.
- Will my out-of-state license be suspended for a Florida DUI?
Probably – as soon as the State of Florida transmits the computer data regarding the refusal to take a breath test or blowing over a .08 the home state usually will honor what the State of Florida has done.
- Will my car be impounded?
Only if you are convicted.
- Do I have to attend the DUI School?
You must enroll, but not necessarily complete, if you lose you Administrative Suspension hearing before the case is resolved. The DUI School enrollment is a pre-condition to getting a Business Purposes Only license. If convicted of DUI, then DUI School is mandatory.
More Questions and Answers
Under Florida DUI Laws, Can the Court eliminate a DUI suspension imposed by the Bureau of Administrative Reviews – The Florida Department of Highway Safety and Motor Vehicles – DHSMV?
Under Florida DUI laws / traffic laws sections 316.656 and 322.2615 trial judges in county or circuit courts cannot alter the administrative suspension and / or revocation periods. On an equally important note, courts are prohibited from withholding adjudication in DUI cases; or from reducing a DUI charge if the defendant’s blood alcohol was over .20 . The only way to have an impact on the ability to drive after a DUI traffic stop, an arrest for DUI, a refusal to submit to a chemical test, or a breath result above .08 is to immediately take advantage of the procedures available via the Department of Highway Safety and Motor Vehicles (DHSMV) Bureau of Administrative Reviews (BAR).
Why should I hire a DUI Lawyer?
When stopped and arrested for DUI you may need to set a court hearing. Sometimes the hearing dates are set automatically. One reason to hire a competent DUI attorney is to find out the benefits that may be gained by investigating possible defenses, the risks of conviction, and what sentence may be imposed. Sometimes prosecutors make specific offers, but it is tough for defendants to reach out and personally discuss the case without making statements that the State can use against the driver.
What would be the advantage of hiring a Criminal Defense Attorney?
Sometimes drivers consider contacting the Office of the State Attorney or the Prosecutor in their own DUI case. The defense attorney can help with the initial administrative license suspension that will occur, if not challenged, within 10 days of the traffic stop and arrest. The lawyer may be able to help get a driving permit for work or business purposes. This short time period (less than two-weeks) will come and go long before the police, the clerk of courts, the Judge and prosecuting authorities ever even open a case file and set a court date. That is why many people hire private lawyers to find out if an arrest was improper. If the right questions are asked during the defense attorney’s investigation, the lawyer may be able to get the case dismissed. A lawyer may be able to get a better plea arrangement, keep you on the road, and out of jail.
What is the Legal Limit under Florida DUI Law?
Since an arrest for DUI can be made if an officer thinks a driver’s normal faculties are impaired, there is no legal limit. In Florida, a person can be arrested and convicted of DUI after consuming any amount of alcohol, even if the results are below a .08. Sometimes drivers are arrested and submit to other chemical tests and the results will not be available for weeks after the arrest.
What does a .08 mean?
Frequently a .08 is referred to as the legal limit. In Florida this is not entirely accurate. Under Florida Law, .08 BAC is a presumptive level for impairment. In other words, if you reach a .08 BAC, you are automatically considered impaired and a jury will be told to presume you are impaired if all procedures have been followed using an accurate breath testing machine. The judge’s instructions given to jurors can be found here.
What if a Florida Driver is below .08 BAC?
Florida DUI Adjudication and Sentencing
Under the DUI Laws in this state, and based upon the Florida Statutes sections 316.656 and 322.2615 a conviction or plea agreement to a driving under the influence charge results in an adjudication which is the legal term for conviction. Upon the closing of a DUI case as charged (without a reduced charge of reckless driving) drivers become convicted criminals and an entry is made on the official driver’s license record. The law states, “no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 316.193 . . . .”
There are also minimum sentences including license suspension, fines, court costs and attendance at an approved alcohol traffic education course commonly referred to as the DUI School. The law provides, “If the suspension of the driver’s license of the person relating to unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher is sustained, the person is not eligible to receive a license for business or employment purposes only pursuant to s. 322.271 until 30 days have elapsed after the expiration of the last temporary permit issued. ” Furthermore, “If the suspension of the driver’s license of the person for failure to submit to a breath, urine, or blood test is sustained, the person is not eligible to receive a license for business or employment purposes only, pursuant to s. 322.271, until 90 days have elapsed after the expiration of the last temporary permit issued.”
DUI Fine Schedule F.S. 316.193(2)(a)-(b)
1st Conviction: Not less than $250, or more than $500. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.
2nd Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
3rd Conviction More Than 10 Years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000.
3rd Conviction Within 10 Years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
4th or Subsequent Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.
How can your license be reinstated after a DUI in Hillsborough County by an Attorney?
How do I reinstate my license after a conviction for Driving Under the Influence (DUI)?
How do I reinstate my license after a suspension for refusal to submit to a breath/urine/blood test?
The Bureau of Driver Education and DUI Programs provides the oversight for 26 licensed programs. The Bureau administers Rule 15A-10, F.A.C., including instructor certification and training, investigating complaints, processing client appeals, conducting site visits, maintaining quality assurance, coordinating trust fund, and evaluating programs’ effectiveness. The DUI programs are private and professional non-profit organizations that are required to provide education, a psychosocial evaluation and treatment referral services to DUI offenders to satisfy judicial and driver licensing requirements. Two educational services are offered – Level I for first-time offenders and Level II for multiple offenders. The Level I course is to be a minimum of 12 hours of classroom instruction and incorporates didactic and interactive educational techniques. The Level II course is a minimum of 21 hours of classroom time using primarily interactive educational techniques in a group setting. The average class size is not to exceed 15 students for Level II. This course focuses on the problems of the repeat offender and treatment readiness as the majority of students are referred to treatment. In no case is placement in Level II used in lieu of treatment.
PROGRAM NAME: DUI Counterattack Hillsborough, Inc.
ADDRESS: 4711 North Hubert Avenue, Tampa, FL 33614
CONTACT INFORMATION: 813-875-6201
Hillsborough County Bureau of Administrative Reviews
Under Suspension – Need Driver License for Work/Hardship License
2814 E. Hillsborough Ave. Tampa, FL 33610
Hours of Operation: Monday – Friday 8:00 am – 5:00 pm
Pride Integrated Services, Inc. of Pasco County
- Address: 7064 Ft. King Road, Zephyrhills, FL 33541
- Phone: 813-780-8282
- Fax: 813-788-1912
- Website: www.aboutpride.org
Pride Integrated Services, Inc. of Pasco County
- Address: 7619 Little Road, Suite 350, New Port Richey, FL 34654
- Phone: 727-847-3411
- Fax: 727-847-3513
- Website: www.aboutpride.org
Pasco County Bureau of Administrative Reviews
- Clearwater Location
- Address: 4585 140th Ave. N., Suite #1002, Clearwater, FL 33762
- Phone: 727-507-4405
- Hours: Mon – Fri, 8:00 am – 5:00 pm
Suncoast Safety Council, Inc.
- Address: 1145 Court Street, Clearwater, FL 33756
- Phone: 727-442-0233
- Fax: 727-447-1677
- Website: www.safety.org
Pinellas County Bureau of Administrative Reviews
- Clearwater Location
- Address: 4585 140th Ave. N., Suite #1002, Clearwater, FL 33762
- Phone: 727-507-4405
- Hours: Mon – Fri, 8:00 am – 5:00 pm
DUI Checkpoints in Tampa Bay Area
Tampa DUI and Hillsborough County DUI law-enforcement officers usually conduct a series of DUI drunken-driving missions through the holidays. Most agencies conduct DUI patrols at night between 11 p.m. and 3 a.m. Previously, Sheriff’s officials want people who intend to drink to make arrangements to get home safely, using a designated driver, public transportation or a taxi.
Law enforcement usually conduct several DUI roadblocks during each major holiday. Local municipalities often will have roving patrols look for impaired drivers.
Hillsborough County Florida DUI Checkpoints are Listed Here.
Need a Hillsborough Drug Defense Attorney?
You can have a Free Phone Consultation about your Drug Charges in Florida with Board Certified Criminal Defense Lawyer / Attorney W.F. ”Casey” Ebsary, Jr.
W F Casey Ebsary a Board Certified Criminal Trial Lawyer. Casey defends drug charges and can help with drug treatment programs. Sometimes a treatment option avoids jail or prison. Serious charges deserve a serious defense. Get some help today. We note there have been huge prescription drug roundups by police in Tampa, Hillsborough County, Florida. One day we saw police had made or attempted to make 50 arrests in a single day, May 13, 2010. One day we also observed there were 135 arrest warrants and in cases involving over 5,000 pills. Frequently we see investigations of the alleged illicit distribution of Xanax, Oxycodone Oxycontin, and other prescription drugs. Another frequent Investigation involves transactions near pain management clinics.
Learn More About
Tampa DUI Lawyer
Learn more about Casey Ebsary. He is a former Tampa DUI Assistant State Attorney and Board Certified Criminal Trial Lawyer. Casey has been attorney of record and Tampa DUI Lawyer in hundreds of DUI cases. He has represented clients in driving under the influence (DUI) and driving while intoxicated (DWI) cases in many Florida counties. These counties include: Hillsborough, Pasco, and Pinellas. Casey has helped many people just like you with driving under the influence, drug charges, and Traffic Offenses. These charges can cause big headaches, We can provide relief. We also have a huge free fully searchable database of Florida D U I information. Feel free to review the latest news about these types of charges here: DUI News and Information – Call us today at 813.222.2220 for a free initial consultation. If it is more convenient for you, we respond quickly to your call for help via our Call For Help web submission. All inquiries are sent to us wirelessly 24/7/365, We are constantly checking and responding, and will quickly get back to you via telephone or email.
Please check our free fully searchable Florida DUI Database for information. There are dozens of frequently asked questions and hundreds of pages and articles for people charged with DUI and for lawyers who are seeking answers.
Court Locations in Pinellas
Brooksville DUI Drunk Driving Investigators in Hernando County,Florida sometimes use hand held or in-car video cameras. One of our recent Investigations included a visit to a DUI Checkpoint.
Hernando County Courthouse in Brooksville, Florida Coordinates 27.059126,-81.5625
DUI Plant City Courthouse at 302 N. Michigan Ave, Plant City, Florida Coordinates 28.017452,-82.120701
Lakeland Court House Located at Coordinates 27.897455,-81.843298
Temple Terrace, Florida
You can get professional affordable help from a Former DUI Prosecutor, W.F. “Casey” Ebsary, Jr., who was an Assistant State Attorney / DUI Prosecutor in the Hillsborough County State Attorney’s Office. Casey has prosecuted Temple Terrace defendants charged with DUI or BUI in Temple Terrace, Florida. Now he defends. When DUI troubles arise, Casey is there to help. Temple Terrace DUI Officers sometimes use Unmarked Vehicles to Patrol the city. The Temple Terrace Police Department has a zero-tolerance DUI policy and aggressively enforces the state’s DUI traffic laws
Temple Terrace Court Locations
DUI and other Criminal misdemeanor charges that occur in Temple Terrace, Hillsborough County, Florida are assigned to the main criminal courthouse in downtown Tampa, Florida. DUI Cases from Temple Terrace, Florida can be assigned to the main criminal courthouse in Downtown Tampa, Florida.
Winter Haven Drunk Driving Attorney
Florida DUI Officers receive rewards for DUI Arrests. Some officers travel to Tallahassee where they receive awards from Mother’s Against Drunk Driving (MADD). Casey has been covering these contests at his huge DUI news website. We have found awards including police equipment, police cars, and trips to Tallahassee, Florida. A few officers have made over a 1000 arrests.
Spring Hill Drunk Driving Attorney
You can get professional affordable help from a Former DUI Drunk Driving Prosecutor, W.F. “Casey” Ebsary, Jr., who was an Assistant State Attorney / DUI Prosecutor in the Hillsborough County State Attorney’s Office. Casey has prosecuted My practice covers Florida DUI Officers receive rewards for DUI Arrests. Some officers travel to Tallahassee where they receive awards from Mother’s Against Drunk Driving (MADD). Casey has been covering these contests at his huge DUI news website . We have found awards that include police equipment, police cars, and trips to Tallahassee, Florida. A few officers have made over a 1000 arrests. Spring Hill DUI charges are prosecuted in Brooksville. Hernando County Courthouse in Brooksville, Florida
Check Out Our Reviews
Florida Driver License and Motor Vehicle Service Centers –
Select the county below:
Help is available in Tampa, Hillsborough County, Florida. Tampa is divided into these communities: West Tampa, East Tampa, South Tampa, New Tampa, Tampa Palms, Temple Terrace, Carrollwood, Town & Country, Oldsmar, Palma Ceia, Westchase, Stadium, Westshore, Carver City, Ybor City, Sunset Park, Hyde Park, SoHo, Citrus Park, Bayshore, Egypt Lake, Rocky Point, Sulphur Springs, Davis Island, Harbour Island, Seminole Heights, University Square, Drew Park, Jackson Heights, Tampa Heights, Riverside Heights, Port Tampa, Ballast Point, Belmar, and Lowry Park.
Some cities in The Tampa Bay Area are Tampa, St Petersburg, Clearwater, Largo, Pinellas Park, Lakeland, New Port Richey, Sarasota, Bradenton, Spring Hill, and Weeki Wachee.
Boating Under the Influence BUI
Recently, a lucky boater fought a BUI Boating under the Influence case. Here is what the Court ruled.
25 Fla. L. Weekly Supp. 469aOnline Reference: FLWSUPP 2505MOON
The court looked at a Boating Under the Influence case and found that an Officer with Fish and Wildlife Commission lacked reasonable suspicion of criminal activity which would justify detaining defendant, who had been stopped for slow speed zone violation, beyond the time necessary for issuing citation. The Court granted a Motion to suppress evidence obtained by law enforcement as result of field sobriety exercises.
BUI Case Summary
In this case, an officer conducted field sobriety exercises (FSEs) based on suspicion arising from a boating violation, incoherent responses, a beer can presence, and slurred speech. However, upon careful consideration of the facts and testimony presented at the suppression hearing, the Court determined that there was no reasonable suspicion of criminal activity justifying detention beyond the boating violation citation. Notably, there was no evidence of alcohol odor, no concrete proof of alcohol consumption, and no other signs of impairment. The officer’s testimony was contradictory, with no clear indication of incoherence. The sole uncontested evidence was slurred speech, which lacked the necessary proof of impairment. As a result, the motion to suppress evidence was granted, rendering evidence from FSEs and the subsequent BUI arrest inadmissible.
Official Ruling in Boating Under the Influence Case
STATE OF FLORIDA v. XXXXXXX, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2016-103309MMDL. July 20, 2017. Steven Henderson, Judge.
This case came before the Court on Defendant’s Motion to Suppress for a hearing held on July 20, 2017, and this Court having heard testimony from witnesses and the arguments of counsel does find as follows:
On June 4, 2016, Officer McKee of the Florida Fish and Wildlife Conservation Commission (FWCC) was on routine airboat patrol on Lake George in the St. Johns River near Marker 17. The officer was monitoring an area near that point that was marked as a slow speed zone, requiring operators of vessels to keep the bow of the boat in the water and to not create a wake. He observed a bass boat being operated by the Defendant proceeding through the zone in compliance with the no wake requirement. The officer testified that about 200 yards before the end of the slow speed zone, the Defendant accelerated his vessel, coming up on a plane and creating a wake in violation of the slow speed zone. The officer turned on his blue lights on his FWCC-marked airboat and proceeded to intercept the Defendant. The officer testified that the Defendant immediately complied with the officer’s directions to stop his boat and turn off his engine. The officer testified that he kept his boat about 10 feet away from the Defendant’s boat to avoid the boats colliding and causing any damage.
The officer testified that initially he couldn’t hear what the Defendant was saying because the airboat engine was too loud. He also said that he could see an open beer container in the boat near the Defendant, but also conceded that he never touched the beer can and had no idea how long the beer can had been in the boat. He also never asked the Defendant who was drinking the beer or whether they had been drinking at all. There was no testimony that the can had condensation on it, nor was there any testimony that the can actually even contained any alcohol whatsoever. The officer testified that he asked the Defendant some routine, questions like if he knew where he was at, to which the Defendant replied he wasn’t familiar with that area of Volusia County since he is from Putnam County. The officer asked for life jackets and the Defendant complied with his request. He asked who owned the boat, and the Defendant stated it was his boat.
The officer testified at the hearing that the Defendant’s speech sounded slurred and his responses to questions were incoherent, but the officer also conceded that he doesn’t know the Defendant and isn’t familiar with how the Defendant normally speaks. The officer also could not elaborate on what he meant when he said the Defendant was incoherent, and conceded that the Defendant was able to answer his questions appropriately. He testified that the Defendant’s appearance was that of a normal fisherman and that his eyes seemed glassy from the wind.
The officer testified that there was a passenger in the boat who was being belligerent and cursing, which caused the officer to be concerned for his personal safety. He testified that the Defendant occupied himself with getting the passenger to be quiet and to stop cursing the officer, which he finally was able to do.
Officer McKee admitted on cross examination that the bulk of his in cident report was actually prepared 3 days after the initial contact and arrest was made, and that he had excluded from his report a number of details relating to the incident. He also admitted that given the passage of time since the arrest he could not recall all of the specifics relating to what exactly was said or done by the Defendant that seemed incoherent on the date of the arrest. He also admitted that it is not illegal to possess alcohol in a vessel in Volusia County, nor is it illegal to drink a beer on a boat.
Based on the presence of the beer can, the officer’s testimony that the Defendant’s speech sounded slurred, and his speeding in a no wake zone, the officer asked the Defendant to submit to field sobriety exercises (FSEs). The Defendant agreed and, at the officer’s request, stepped onto the officer’s boat to perform the exercises. There was no testimony that the Defendant had any difficulty with standing, walking, or jumping from one boat to the other. There was no testimony that the Defendant had any dexterity problems and there was no testimony that the Defendant had any odor of alcohol coming from his person. Furthermore, there was no testimony that the Defendant made any admissions or statements against interest relating to having consumed any alcohol prior to the request for the FSEs. Ultimately, the Defendant was arrested on suspicion of boating under the influence (BUI).
The defense filed this motion challenging the reasonable suspicion of the officer to detain the Defendant longer than reasonably necessary to issue him a citation for the speed zone violation and to begin conducting a BUI investigation.
Whenever any law enforcement officer encounters any person under circumstances which reasonably indicate that the person has committed, is committing, or is about to commit a crime, the officer may temporarily detail such person for the purpose of investigating the possible criminal conduct. See section 901.151(2), Fla. Stat. (2017).
In order to detain a defendant beyond the time necessary to issue a citation or warning, the officer must have “reasonable suspicion based upon articulable facts that criminal activity may be afoot.” Cresswell v. State, 564 So.2d 480 (Fla. 1990). (emphasis added) When reviewing the factors involved in determining whether reasonable suspicion existed, the totality of the circumstances must be considered and “include: the time of day; the appearance and behavior of the suspect; the appearance and manner of operation of any vehicle involved; and anything incongruous or unusual in the situation as interpreted in light of the officer’s knowledge.” Grant v. State, 7l8 So.2d 238, 239 (Fla. 2d DCA 1998) [23 Fla. L. Weekly D1969a].
To justify temporary detention of a person, there must be a “founded” suspicion in the mind of the police officer that the person has committed, is committing, or is about to commit a crime. A “founded” suspicion is one which has some factual foundation in the circumstances observed by the officer when those circumstances are interpreted in light of the officer’s knowledge. “Mere suspicion . . . is . . . random selection, sheer guesswork, or a hunch; it has no objective justification.” Elliott v. State, 597 So.2d 916, 917-18 (Fla. 4th DCA 1992). “Both the founded suspicion standard and the probable cause standard require the officer to interpret a factual foundation in light of the officer’s knowledge and experience. The difference between the two lies in the degree of probability.” Id. at 918.
Absent an articulable suspicion of criminal activity, the time an officer takes to issue a citation should last no longer than is necessary to make any required license or registration checks and to write the citation. See Maxwell v. State, 785 So.2d 1277 (Fla. 5th DCA 2001) [26 Fla. L. Weekly D1445b].
In the case at bar, the basis for the officer’s request to perform FSEs was the boating violation, the incoherent answers, the presence of the beer can, and the slurred speech. However, given the specific facts of this case viewed in light of the testimony presented at the suppression hearing, this Court finds that there was no reasonable suspicion of criminal activity to justify the detention beyond issuing the citation for the boating violation. There was no testimony of an odor of alcohol on the Defendant’s person, there was no evidence of alcohol consumption by the Defendant beyond the mere suspicions of the officer due to the presence of the beer can that may or may not have even contained any alcohol, and there was no evidence of any other indicators of impairment like glassy, bloodshot eyes due to intoxication, flushed face, poor balance, or anything of like nature. According to the testimony, there was nothing inherently dangerous or incongruous about how the Defendant was operating his vessel.
In this Court’s opinion, the testimony provided by the officer was contradictory. At first he testified that the Defendant was incoherent, but then he clarified and said he meant he couldn’t hear the Defendant due to the engine noise from the airboat. He then testified that the Defendant was incoherent when responding to other questions but couldn’t provide any specific examples of what he meant. At the same time he testified that the Defendant appeared to know where he was at, was able to provide proof of lifejackets immediately upon request, was able to answer questions about who owned the boat, was able to deal with the unruly passenger in an appropriate manner, and was able to move about both boats without any signs of impairment.
The only competent, uncontradicted evidence that was presented to the Court was that the Defendant had slurred speech. Without some additional evidence that the slurred speech was due to impairment by drugs or alcohol, this Court finds that to be insufficient evidence of impairment to establish the necessary reasonable suspicion of BUI to justify the continued detention of the Defendant.
WHEREFORE, based on the foregoing, Defendant’s motion to suppress unlawfully obtained evidence is hereby GRANTED. All evidence obtained by law enforcement as a result of the field sobriety exercises and the Defendant’s subsequent arrest for BUI are hereby suppressed as the fruits of the poison tree.