DUI Case Results

Our extensive archive of DUI cases can be found below. To view the case results, select a year and then select a month from the drop down menu. For questions about your own DUI case, or to speak to us about your options, visit our contact page.

DUI Case Archive

2013


August

Client Tries to Kick Out Windows of Police Car after his Arrest

The Case:

The officer attempted to stop our client for driving with no headlights on in an unlit parking lot.

The vehicle drove off an elevated curb and came to a stop. As the officer approached, the vehicle lurched forward from the curb. The officer approached the driver of the vehicle and noted two Four Loko cans in the center console. The defendant had bloodshot, watery eyes and was slurring his speech.

When asked for his license, the client handed the officer his phone. After being asked where he was coming from, the client answered with his birthday. He was asked to submit to field sobriety exercises, but the client denied that he was driving the vehicle.

After being arrested, he allegedly attempted to kick out the windows of the officer’s cruiser.

The Result:

His sentence was reduced to reckless driving.

 

Ybor City DUI

The Case:

The defendant was returning home from Ybor City after a night on the town. The arresting officer smelled an odor of alcohol on our client’s breath. He was allegedly slurring his speech and his eyes were blood shot. He refused to take a breathalyzer test when he reached the station.

The Result:

The client’s DUI charge was reduced to reckless driving.

 

.18 BAC in South Tampa

The Case:

Our client was arrested in South Tampa for suspicion of driving under the influence after causing a vehicle accident.

After the arrest, the client blew a .18 BAC reading into the breath test machine.

The Result:

We managed to remove the enhanced penalties from his DUI charge.

July

Pinellas DUI over .15 BAC Reduced to Reckless Driving

The Case:

The client was stopped for speeding and an irregular driving pattern. His appearance was solid on the video during sobriety tests, but the officer smelled alcohol on his breath, and arrested him for a DUI.

He was transported to the station, where he blew a .15 and .155 BAC on the breath test. Our client had security clearance that would be in jeopardy if convicted for drunk driving.

The Result:

The state agreed to reduce the charge to a reckless driving prior to initiating a motion to suppress the evidence in the case.

The client was able to keep his license.

June

Fourth DUI and Property Damage

The Case:

Aside from the property damage, a fourth DUI charge meant that prison was a possibility.

The client had performed reasonably well on field sobriety exercises, but had blown a .09 and .10 BAC during the breathalyzer tests.

The Result:

The state reduced the charges to a reckless driving, preventing him from going to jail.

 

Sleeping in Traffic, EMTs Dispatched

The Case:

The client’s vehicle was facing against traffic in the eastbound lanes on Kennedy Blvd and he was found asleep at the wheel.

After waking the client, officers subjected him to field sobriety exercises, which he allegedly failed. The client was taken to the Orient County Jail, where the breathalyzer test read .16 BAC two times.

The Result:

Due to a technical error with the breath test, Denmon & Denmon attorneys were able to negotiate a stipulation below a .15 BAC. Subsequently, there were no enhanced DUI penalties for the client.

 

Pulled Over and Received a DUI after Driving Erratically

The Case:

The client failed to maintain lane control and was seen driving erratically around 3 a.m. in Pasco County. Prior to refusing the breathalyzer, our client performed the field sobriety test off camera. He admitted to leaving a bar after having a mixed drink.

The police officer on the scene said the client smelled of alcohol, displayed signs of impairment, and performed poorly during his sobriety tests. It was his first DUI charge.

The Result:

The defendant was exonerated of all charges.

May

Speeding and Breath Test Refusal

The Case:

The defendant was pulled over for traveling 73 mph in a 50 mph speed zone. The client refused a breathalyzer test and they did poorly during the field sobriety test. He admitted to imbibing several alcoholic drinks.

The Result:

Our client’s charge was reduced to reckless driving with community service and he was required to take a DUI education class.

 

Swerving Across the Road with Video Evidence

The Case:

The defendant failed to stay in one lane and almost struck the concrete median. A video recording of the client struggling during the field sobriety tests was submitted as evidence. He refused a breathalyzer test and admitted to drinking a single alcoholic beverage. The officer observed signs of impairment.

The Result:

The client’s sentence was reduced to reckless driving. He paid a $500 fine, was placed on three months of probation, and attended DUI school, but didn’t have his license suspended.

April

DUI with .159 BAC Reduced to Reckless Driving

The Case:

Client was stopped on Euclid Avenue in Tampa for driving 20 miles per hour above the speed limit. The officer alleged that the client drifted into his lane of travel. Client was arrested for driving under the influence of alcohol and blew a .159 BAC and .161 BAC at the police station.

The Result:

The client’s sentence was reduced to reckless driving.

January

DUI with a .155 BAC Breath Test Reading

The Case:

The defendant was stopped traveling southbound on South Howard Avenue after leaving The Lodge around 2:30 a.m. She was stopped by police after weaving across the median and failing to accelerate after a traffic light turned green.

She allegedly failed field sobriety exercises. The client was arrested and taken to the Orient Road Jail, where she blew a .155 BAC into the breathalyzer machine.

The Result:

A motion to suppress the breath test results was ineffective, but our client wanted to avoid a trial at all costs.

We negotiated a stipulation that the she was below .15 BAC at the time of her arrest, saving the client thousands of dollars in fees and the pain and embarrassment of installing an ignition interlock on her vehicle.

 

Sleeping Behind the Wheel with Suboxone

The Case:

Our client was found sleeping in his vehicle with the motor running and keys in the ignition. He appeared to be in possession of Suboxone. The officers noticed that he was unsteady on his feet, smelled of alcohol, and randomly laughed for unknown reasons.

After the client was arrested for a DUI, the officers searched his vehicle and found a bottle of Suboxone and an open alcoholic beverage.

He became angry and began yelling profanities at the arresting officer. He was booked at the station, where he provided a urine sample. The urine sample tested positive for Suboxone and trace amounts of other prescription medications.

The Result:

Prior to a motion to suppress the evidence in the case, the state prosecutor agreed to reduce the DUI charge to reckless driving.

2012


December

Student DUI Reduced to a Reckless Driving

The Case:

Tampa Police Officers stopped our client for failing to maintain a single lane, crossing through the left hand marker two times and making an improper U-turn onto W. Platt Street.

Upon making contact with the client, the officer noticed an abnormal lack of alertness, a fixed gaze, and eyes that were bloodshot, watery, and glassy.

The officer alleged that the client had failed the field sobriety tests. The client went to the police station, submitted to the breath test machine, and had BAC results of .122 and .119.

The Result:

The client’s sentence was reduced to reckless driving.

November

Johnny Castillo Client Screams and Curses at Officer

The Case:

This client was pulled over for suspicion of DUI. After the stop, the client became irate and began running around in the street screaming and cursing in an aggressive manner. The client was arrested for driving under the influence.

The Result:

The client’s sentence was reduced to reckless driving.

September

DUI with .124 and .13 reduced to Reckless

The Case:

A University of Tampa student was arrested and charged with driving under the influence. At the police station, client blew a .12 and a .13 – almost twice the legal limit.

Result:

We set the case for trial. We were able to get the state to reduce the charges to a reckless driving, meaning no DUI conviction for the client.

 

DUI with .124 and .13 reduced to Reckless

The Facts:

Client, a University of Tampa student, was arrested and charged with driving under the influence. At the police station, client blew a .12 and a .13, or almost twice the legal limit.

Result:

We set the case for trial. We were able to get the state to reduce the charges to a reckless driving, meaning no DUI conviction for the client.

 

DUI Reduced to Reckless

The Facts:

Client was leaving an adult resort when he collided with another car in the parking lot. While the cause of the accident was contested, the arresting officer cited client with causing the accident. The client had blood shot watery eyes and slurred speech. Client admitted to drinking.

Result:

DUI reduced to RECKLESS DRIVING

August

DUI Reduced to Reckless

The Facts:

Client was stopped for failure to maintain a single lane . According to the arresting officer, client failed field sobriety exercises, had bloodshot eyes, and slurred speech. Client admitted to drinking four beers.

Result:

Charge was reduced to a reckless before trial.

June

Enhanced DUI Reduced

The Facts:

Client was driving the wrong way down a one way road in YBOR city. Client was stopped and failed field sobriety exercises, falling down at many points. Client blow a .19.

Result:

Case resolved for the minimum allowable penalty under law. The Judge agreed to sign an Order stipulating that the breath test result was under a .15, saving client money and the need to install an ignition interlock device on his car for one year.

May

Air Force Client: DUI Reduced to Reckless

The Facts:

Client, an officer in the Air Force, was arrested for DUI after speeding and weaving in and out of his lane. A conviction for DUI would have been detrimental to client’s career.

Result:

Charge reduced to Reckless Driving. No DUI conviction.

 

USF Student Client: DUI Reduced to Reckless Driving

The Facts:

Client, a member of a USF fraternity, was driving his vehicle on campus in an outrageous fashion. Client jumped a curb and did figure eights in USF property. An officer witnessed the 3 AM driving pattern, performed field sobriety exercises, and arrested client for DUI.

Result:

No conviction. DUI reduced to reckless of eve of trial.

April

DUI Reduced to a Reckless Driving After Negotiations with the State

The Facts:

Client stopped on dirt bike for driving under the influence. Client admitted to being drunk.

Result:

Reduced to a reckless driving.

January

Brecht: DUI Reduced from Enhancement

The Facts:

Client caused multiple vehicle wreck, with multiple eye witnesses placing intoxicated driver behind the wheel. Client was charged with multiple enhancements, including DUI with bodily injury and a breath test above a .20.

Result:

Client resolved DUI for a “below .15” and minimum sanctions. This resolution saved client from having to install an ignition interlock on her car.

 

DUI Administrative review Win

The Facts:

Client was pulled over by Dade City Police Department Officer. Officer initiated a DUI investigation, and ultimately arrested client for DUI. Client refused breath test, resulting in a potential year long drivers license suspension.

Result:

Motion to invalidate suspension granted. We successfully argued that “implied consent” was read to client before the official arrest, in violation of the implied consent statute and Florida rules.

 

DUI: Marijuana + Alcohol

The Facts:

Client was pulled over for illegal u-turn. Client had .06 blows, but also had marijuana in his system. Client admitted to smoking marijuana.

Result:

Before running a motion to suppress, State agreed to reduce to reckless driving, withhold adjudication, court costs. No probation, jail, or conviction.


2011


December

DUI .22,. 21 Blows

Result:

We negotiated an agreement that the “blows” were under .15, saving the client ignition interlock and enhancement fines.

 

DUI Reduced to a Reckless Driving

The Facts:

Client was driving erratically on the road after leaving South Tampa bars. Pursuant to an investigation by Tampa Police Department, client was arrested for DuI.

Result:

Reduced to reckless driving, no DUI conviction.

October

DUI with blows over .15

Result:

Resolve for standard DUI (no enhancement). No ignition interlock, no enhanced fines.

 

DUI, client found sleeping behind the wheel

The Facts:

Client was off of Hillsborough Avenue on a side street. He was near a business that was owned by his father. Client was passed out behind the wheel.

Result:

Reduced to a reckless driving morning of a motion to suppress hearing

 

DUI

Result:

Reduced to reckless driving before a motion to suppress hearing. No probation.

 

DUI with blows over .15

Result:

Resolve for standard DUI (no enhancement). No ignition interlock, no enhanced fines.

 

DUI with blows over .15

Result:

Resolve for standard DUI (no enhancement). No ignition interlock, no enhanced fines.

August

3rd Time DUI Reduced to Reckless Driving after Jury Selection

The Facts:

Client was arrested for his third DUI in ten years. The State refused to go below 90 days in jail with a DUI conviction.

Result:

After winning every pretrial motion and hiring an expert toxicologist, the State reduced the charge to reckless driving and gave client no jail time!

 

DUI South Tampa Bars

The Facts:

Client was stopped leaving a SoHo bar. Tampa Police Department followed client through back roads up to West Kennedy Blvd, and initiated stop.

Result:

Reduced to a reckless driving. No DUI conviction.

July

DUI

Client was arrested for DUI and accused of driving under the influence of pills, marijuana, and alcohol.  Attorney Nicole Denmon was able to get the charge reduced to a reckless driving, with no probation, no conditions, and a fine of $250.00 dollars.

 

DUI Felony 3rd Within Ten Years 9.78-XEF

Client was arrested and charged with a Felony DUI. Client faced five years in prison.  Unfortunately, the minimum sentence was 30 days in jail; even that would have cost client, a teacher, his job.

Result: 

We were able to get the State to reduce the charge to a second DUI within ten years, dropping the charge from a Felony to a misdemeanor, and also reducing the minimum mandatory jail time from 30 days to 10 days in jail.

June

DUI

Client was arrested and charged with DUI after speeding in excess of 80 miles per hour in a 40 mile per hour zone.  The officer smelled the odor of alcohol on client’s breath.  Client went back to the police station and blew a .06 an hour after her arrest.

Result:

CASE DISMISSED!  Client had consulted with other attorneys prior to retaining our firm.  The other attorneys suggested that client could receive a reduction of the charge to a reckless driving, perhaps.  Client wanted to go for a dismissal or a not guilty at trial.  On the eve of trial, the State agreed to dismiss all charges.

 

DUI with Property Damage X4, Dui no damage X1, Leaving the Scene X3 11-*1019xbntes, 11-4999suites- 11-5004suites

Client was charged with a total of eight criminal charges as the result of a DUI related accident and fleeing the scene.  The client faced a maximum of eight years in the county jail.

Result: 

All of the charges but one was dropped.  Client resolved the matter for the minimum sanctions allowed under law.  No jail.

May

DUI

Client allegedly lost control of his vehicle and wrecked it on the interstate. The officer arrived and arrested client for DUI. Client blew a .19 at the station. Unfortunately, this was clients second DUI within the last year. As a result, client has a minimum mandatory of 10 days in jail.

Result: 

We were able to get the State Attorney to treat the Dui as a first time conviction. As a result, client served no jail time, in spite of the fact that 10 days were required in jail pursuant to law.

April

DUI

Client was charged with DUI because of allegedly driving on controlled substances.  Client’s previous attorney had the case for in excess of 9 months, and the State insisted on a DUI conviction.  Because of a referral, client came to our firm.

Result: 

CASE DISMISSED!! Client insisted that the Officer involved was dirty, and Attorney Nicole Denmon worked tirelessly trying to get the case dropped.  She ran multiple motions that turned on the credibility of the officer, only to have them denied.  Finally, after months of work, Attorney Denmon obtained Internal Affairs reports showing that the officer had been arrested on charges related to abuse of power.  The Case ultimately dismissed the charges.

March

DUI Case

Client was stopped for going the wrong way on a one way road.  After the stop, the officer noted bloodshot watery eyes, slurred speech, and the odor of alcohol on the client’s breath.  Client refused a breath test. Client had a DUI conviction in her past.

Result: 

State agreed to reduce the charge to a RECKLESS DRIVING, even though client had a past DUI conviction.

February

4th Tim DUI, Refusal to Submit, Driving on a suspended license

The Facts:

Defendant was stopped trying to drive away from a bar late at night after police had responded to the Bar because of a fight. Defendant allegedly almost hit a cop car, then failed the field sobriety exercises, and refused the breath test. Defendant had three prior convictions for DUI, making this DUI a Felony. Defendant had been sent to prison for his last DUI. Conviction of DUI was not an option, because a Fourth DUI conviction can mean a lifetime license revocation.

Result:

Felony DUI was dismissed! Defendant resolved the misdemeanor charges for 30 days in the county jail.

 

Drug Possession

The Facts:

Defendant was riding shotgun in a car where her boyfriend was driving. Subsequent to the stop, the police officer searched the defendant, and found illegal drugs in her car. Defendant was charged with a 3rd degree Felony, punishable by up to 5 years in prison. .

Result:

Defense Counsel filed a motion to suppress the evidence due to an illegal search and seizure of the defendant. Prior to the hearing, the State agree to reduce the charge to a misdemeanor.

January

DUI Charge

The Facts:

After a night of drinking, Defendant was driving a Ford Mustang into a hotel parking garage. An officer heard the defendant squealing her tires, and driving at a high rate of speed into the garage. He stopped the defendant. The Officer noted that the defendant had bloodshot watery eyes, the smell of alcohol on her breath, and failed the field sobriety exercises. Defendant was arrested and transported to jail, where she refused the breath test.

Result:

Charges reduced to a reckless driving. Withhold of adjudication.

 

2nd Time DUI

FACTS:

Defendant allegedly left a bar and ran from the cops, trying to reach the County Border. Eventually, the police stopped defendant, and found his friend past out in the back seat. Defendant allegedly had a profanity laced tirade for the cops. Defendant was arrested and charged with DUI.

RESULT:

Minimum Sanctions. No Jail time.


2010

November

4TH DUI

The Facts:

Police were called out after our client allegedly pulled out a knife on the door step of his ex-girlfriend’s place, and threatened to kill his ex and any men she might have in her house. Client then allegedly drove off drunk and pulled into a gas station. Police arrived, and eventually began a DUI investigation on the client. The police arrested the client and took him to the Station. He took the breath test. His results were .24 and .242, or three times the legal limit. State originally offered an enhanced DUI deal with 30 days in jail.

Result:

REDUCED TO A RECKLESS DRIVING. No Jail Time.

 

4TH DUI, REFUSAL TO SUBMIT,DRIVING ON A SUSPENDED LICENSE

The Facts:

Client arrested for a fourth time DUI while on a dirt bike, after a domestic altercation with his girlfriend. The arresting officer allegedly seized the dirt bike as evidence, but the State ultimately sold the bike and made money of it. The State asked for a year probation, 90 days in jail, and a ten year driver’s license revocation.

Defense:

The dirt bike was inoperable. However, Attorney Nicole Denmon argued that the client’s due process rights were violated as a result of the State seizing the bike and then selling it because the client was denied access to the very evidence that may have exonerated him. Attorney Nicole Denmon argued a lengthy motion to suppress, and then a lengthier motion to dismiss the charge because of due process violations.

Result:

After the motion to dismiss, the prosecutor agreed to reduced the DUI to a reckless driving charge, dismiss all of the remaining charges, and 3 months probation. No Jail time. Most importantly, no license suspension.

 

MULTIPLE RETAIL THEFTS

The Facts:

Client was arrested and charged with retail theft. While out on bond for the original charge, client picked up a second charge for retail theft.

Result:

NO conviction.

 

DUI

The Facts:

Client rear-ended another car and fled the scene.

Result:

No Jail time.

 

The Facts:

DUI Cop stopped client for weaving while driving on Armenia Avenue, and almost hitting a curb. Client allegedly failed the DUI field sobriety exercises. DUI cop arrested client, and took her to the police station, where she submitted to the breathalyzer test. Breath results were a .17 and .167. Tampa DUI Attorney Christian Denmon filed a motion to suppress all the evidence in the case because of an illegal stop.

Results:

DUI charge reduced to a reckless driving. Adjudication withheld.

 

The Facts:

Client charged with a 3rd time DUI within 10 years after officer finds client passed out behind the wheel of his car at 230 a.m. on a Saturday night. Officer notices bloodshot eyes and an odor of alcohol on his breath. State wanted 30 days jail and a 10 year driver’s license suspension.

Result:

State agreed to reduce the DUI to a Reckless driving. Client received no jail time and no driver license suspension.