March 2013 – No enhanced DUI for driver passed out behind the wheel

Tampa DUI lawyer Elliott Wilcox helps client who threw up and passed out behind the wheel in Ybor City bar area.

If you’ve passed out behind the wheel or thrown up, you may still have defenses that allow you to improve your chances of winning.

Quick summary of the Tampa DUI case: Client was drinking Long Island Iced Teas at an Ybor bar. She walked outside to her car, didn’t feel well, and vomited inside her car before falling asleep in the driver’s seat. Unfortunately, she was seen moving the car and crashing into a parking barrier before she fell asleep behind the wheel of the car. Her breath alcohol level on the Intoxilyzer 8000 was .173 and .170.

DUI defense: I argued motions to suppress that the stop was improper because the police didn’t actually see her driving the vehicle, but since the case involved an accident, there was an exception to the Florida Statute requiring police to observe all elements of a misdemeanor offense. I also argued that the officer failed to establish that the vehicle was operable, but since the civilian witness claimed that he saw the client moving the car (even though it was only a short distance) this wasn’t successful. I was able to get the charge reduced from an enhanced DUI (anything over a .150 BAC requires an enhancement) so the client wasn’t required to have the ignition interlock device installed in her car..

Results: Client avoided the mandatory ignition interlock device and the enhanced fine.

How this helps your Tampa DUI case: If you’ve fallen asleep behind the wheel, there may be issues with the basis for the stop that allow you to have some or all of your evidence suppressed. These issues are mostly dependent on whether you are lawfully parked, whether the police officer can smell alcohol, and whether the police see any evidence that you might be sick or intoxicated. You may also have issues that will allow me to convince the prosecutor that you shouldn’t be convicted of a DUI. Every case is different, so it’s important to find an experienced Tampa DUI attorney who has the knowledge and is willing to invest the time preparing the case if you want to improve your chances of getting your license back and avoiding a DUI conviction.

If you were arrested for DUI, no matter how bad the case looks, don’t ever plead guilty without first talking to a Tampa DUI lawyer. There may even be a way that can get your charges dismissed, but you’ll never know unless you fight your charges by talking to a Tampa DUI attorney. Please call me at (855) THE-DUI-GUY (855-843-3844) TODAY to discuss how I can help.