Our law firm recently defended a client who was charged with a second offense DUI and third offense DUI for operating a vehicle under the influence of drugs in two separate courts within only a few weeks of each other. Like many young adults these days, our client was battling a substance dependency problem which landed him in even more trouble because he would drive his car after using drugs and being under the influence. However, courts do not recognize addiction as a defense and this meant our client was facing a 2 year suspension and 2 -90 days in jail on the second offense DWI and 10 year loss of license and 6 months in jail for the third offense DWI. We told our client and his family to focus on his rehabilitation and let us concentrate on protecting him in the court system.
After months of litigation we were able to successfully the proofs against on our client based on several issues including the validity of the tests performed and his whether his consent to give blood was actually voluntary. Based on these challenges the State conceded that they could not prove the Drug DUI charges against our client in both cases. In the end, both the 2nd offense DUI and 3rd offense DUI were dismissed and our client plead to a two counts of reckless driving for 6 months each and an additional 6 month suspension for possession of the drugs. Needless to say our client was extremely satisfied that he avoided a 12 year loss of his license and a mandatory 180 days in county jail.
State v. B.C. decided June 29. 2016