3rd District Upholds Denial of Petition to Rescind Summary Suspension in Dui

The Defendant was pulled over because of erratic driving. After speaking to the defendant, the Officer noticed that he had glossy eyes, slurred speech, and difficulty handling small objects. The Officer had the defendant perform three field sobriety tests (walk and turn, one leg stand, and HGN), which he failed.

These observations were sufficient to justify defendant’s arrest for DUI.

The Defendant received a “Warning to Motorists” before submitting to a breathalyzer, which was under .08. The Defendant was then asked to submit to blood testing, which was refused.

Looking to other States, the appellate court held that a second warning for the blood test was unnecessary under the law, especially since the first warning was given less than an hour before the blood test request.

The case is People v. Turmond Durden.


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