Call Us: (312) 655-7660

DUI Test Ruled Not Consensual

Posted by Daniel Herbert DUI/Criminal Defense
DUI Test Ruled Not Consensual

Defendant was charged with two counts of DUI. Court properly granted Defendant’s motion to suppress evidence. Evidence shows that Defendant’s acceding to officer’s direction to exit the car and perform field sobriety tests was not consensual. At the point where Defendant submitted to the direction to exit car to perform field sobriety tests, there was a seizure unsupported by a reasonable, articulabel suspicion. (BIRKETT and SPENCE, concurring)

Sign Up for Newsletter
Keep current with relevant laws as they change