Myles L. Berman DUI / Drunk Driving Case Of The Week #2
Client was reported driving at slow speeds, weaving onto shoulder as a possible DUI driver.
Officer observed client also weaving onto the shoulder and drifting from lane and again onto shoulder 2 more times. Client spoke slowly and appeared lethargic. Client fumbled through purse for 3 minutes to get license, fell against car door, was unsteady on feet, smelled of alcohol, had red/watery eyes and droopy eyelids.
Client denied drinking but admitted to taking pain pills. Client failed 3 field sobriety tests and blew a .032/.031 on portable breath test. Client was then arrested for DUI driving under combined influence of alcohol and drugs.
After arrest, client blew a .01/.01 and then had a blood draw. Blood tested positive for opiates and possibly oxycodone. In fighting the case, we wanted to test blood with our expert but there wasn’t enough blood left to be tested. As a result, the prosecutor dismissed DUI driving under combined influence of alcohol and drugs.(The case results posted on this page do not guarantee the success or outcome of your case. Every DUI case is unique and the results may vary from case to case.)