Driving Under the Influence of Alcohol (DUI) – LICENSE SUSPENSION REMOVED

The Riverside Police Department observed my client speeding 60 mph in a 25 mph zone. My clients vehicle was observed swerving across the center line and then driving up and over a curb when he was turning right . The officer stopped my client and detected a strong odor of alcohol on his breath, slurred/mumbled speech and bloodshot/glassy eyes. My client admitted to having four (4) beers prior to driving. The officer asked my client to submit to field sobriety testing in which he refused. The officer arrested my client for driving under the influence of alcohol (DUI) and brought him back to the Riverside Police Department for processing. At the police station my client refused to blow into the breath test. While at the Riverside Police Department my client vomited all over the floor. Because he refused the breath test after an arrest for a DUI, the Secretary of State suspended his driver’s license for one (1) year. I filed paperwork to contest the suspension and had a hearing on his court date. Our office made the officer admit that he did not form an opinion that my client was under the influence of alcohol when he was asked to take field sobriety tests. We argue to the judge that if the officer did not know, how can the judge know? The judge agreed with our argument and removed the license suspension!