A California resident intends to contest a 2015 misdemeanor charge of driving under the influence. The 36-year-old man was pulled over because he was allegedly driving erratically and cut in front of an officer from the California department of alcohol beverage control who was operating an unmarked vehicle.
The driver was given a breathalyzer test, which showed a blood alcohol content of zero. He was then booked into the county jail where he had his blood drawn for a toxicology test that indicated there were no illicit drugs in his system. A subsequent test showed that only trace amounts of caffeine were present in the driver's system.
Since the charges were not brought until June of 2016, an attorney for the driver has submitted a motion to have the case dismissed. In the event that the motion is denied, the driver will have his case presented in front of a trial jury.
The deputy district attorney of Solano County stated that the incident is still under investigation and that the charge of driving under the influence does not depend on the presence of caffeine in the driver's system. The driver's attorney contends that she has not received any evidence that her client is being prosecuted for any substance other than caffeine.
An attorney who practices criminal law may advocate on behalf of a client who is facing drunk driving charges. If necessary, the attorney may go to trial to show that the client was not intoxicated when they were arrested for drunk driving. The lawyer may also defend a client who passed a field sobriety test but refused to take a breath test.