Client Charged with Second DUI After Run-In with Unmarked Police Car

In a recent DUI case, we represented a client who was driving in Ybor City when another vehicle stopped in the road in front of him. Our client honked his horn at the other driver who was later revealed to be a police officer in an unmarked police car. Two officers exited the car and spoke to our client. These officers claimed to smell alcohol; they requested a DUI officer report to the scene to conduct field sobriety tests. After the field tests, the officer arrested him for DUI. The officer then requested a breath test, which our client refused.

Because our client had a prior DUI conviction, we set a formal hearing at the DMV so that we could challenge the suspension for refusing the breath test. We were successful at this hearing and the client's driver's license suspension was set aside. In court, we filed a motion to suppress all evidence based on the lack of reasonable suspicion to stop our client. After reviewing the motion and our legal argument, the State offered to drop the second time DUI to reckless driving. Our client avoided the second time DUI conviction and all of the enhanced penalties that would have come with a second DUI. Because we were won our client's DMV formal review hearing, he also avoided any suspension of his driver's license.