Case 4: Second DUI > Not Guilty of DUI

Summary of Charges   Client allegedly failed the field sobriety tests and a preliminary breath test.

Client was facing   Second conviction for DUI, license revocation indefinitely.

The Arrest   The driver of a vehicle traveling 65mph in a 45mph zone at 3:00 a.m. was stopped by the police. The officer also allegedly saw the driver weave over the dividing line into the oncoming lane. After asking of his destination, the driver told the officer that he was on his way to the nearby riverboat casino. The officer allegedly observed the driver to have blood- shot glassy eyes and a very strong odor of alcohol on his breath. Despite his denial of having anything to drink, the driver allegedly failed all field sobriety tests, including a Preliminary Breath Test at the scene. The Officer arrested the driver and he refused further breath tests at the station.

The Facts of the Case   This was the client's second arrest for DUI, so his driver's license would be revoked for an indefinite period if convicted. Mr. Shaner and his client refused the State's offer of one year Conditional Discharge (probation) and went to trial.

Outcome   After a contentious trial before the Judge, the client was found Not Guilty of DUI. He thus not only avoided a conviction, but also retained his license to drive. The client received Supervision for Improper Lane Usage, and was fined $100.00.