• Aggravated Assault Charge and Injunction Dismissed

DUI With BAC of .365 Resolved for No Jail Time

By |2023-09-20T10:29:21-04:00September 20th, 2023|Categories: Success Stories|Tags: , , |

Facts:
My client has struggled with drinking for a while. He worked in the service industry and was around alcohol all the time. He clearly had a problem.

One night after work, many of the workers stayed on after and kept drinking. They had a little party. My client drank way too much and drove home. On the way home, he lost control of his car, drove off the road, and smashed into a bunch of bushes. He was taken to the hospital. The Trooper from Florida Highway Patrol followed him to the hospital, but he was so out of it, there wasn’t much of an investigation for a DUI.

The hospital performed a blood draw on him for medical purposes. He was released from the hospital the next day. He was lucky that he was not badly injured.

He was not arrested.

The Case:
The Trooper sent the DUI case over to the State Attorney’s Office. They sent my client a notice that they were seeking his medical records. I knew that wouldn’t be good, so we objected to the subpoena. We then had a hearing to determine if there was probable cause for a DUI to get the records. Unfortunately for my client, the Trooper saw a lot of signs of impairment and they were able to get the records.

Once the records were obtained by the State, it showed that my client had a blood alcohol level of .356. Even worse, he had a prior DUI. It did not look good, so I had him immediately start with DUI school, alcohol treatment, and he did the victim impact panel.

I knew it would be a case where he could go to jail, so we really had to be on the ball. I sent a request to the prosecutor to resolve the case in a way that he did not have to go to jail.

The Result:
We worked out a deal that in lieu of jail time, he would have to wear the Continuous Alcohol Monitor (CAM) on his ankle for 60 days. My client was thrilled. He got lucky.

The best news from the case is that my client stopped drinking and got away from the service industry. He is clean and sober and really changed his life for the better after this incident that could have been a lot worse.