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Florida’s man defense was he only drank alcohol when stopped

On Behalf of | Jul 19, 2018 | Firm News |

There are many defenses available to individuals charged with driving a vehicle while under the influence of alcohol. However, one defense that will definitely not work is if a driver claims he or she only consumed alcohol when the vehicle was at a stop sign or red light. One Florida man, Earle Stevens Jr., learned that the hard way when he attempted to use that exact defense on June 27th, 2018.

According to a police report, the cops pulled over Stevens, who is 69 years old, after a woman contacted the police. Allegedly, the woman said that Stevens ran into her car repeatedly when they were both stopped at a drive-thru. Police arrived at the scene, and according to the report, they found an open container of bourbon in the passenger seat. It was at this point the cops discovered Stevens did not have a valid driver’s license. The officer asked Stevens if he drank any alcohol that day, and Stevens said he had about three drinks.

The cops then asked him if he drank anything while driving. He answered, “No,” and he insisted he only consumed alcohol when he came to a stop. Additional information in the report states that Stevens’ breath smelled of alcohol, and he had bloodshot eyes. The police then issued field sobriety tests and later found out his blood alcohol concentration was at 0.153, which is nearly twice the legal limit. Stevens allegedly told police that he had received two DUIs previously, both of which were in Missouri.

Mounting a good DUI defense

The actions a person takes when initially pulled over by the police play a huge role in the eventual court case. A person can have a better DUI defense if he or she divulges as little information as possible at the scene and cooperates fully with the police. Criminal penalties can include jail time and fines, and it is best to avoid getting behind the wheel after consuming any amount of alcohol.