Broward DUI Lawyer Blog

A man didn't help his case recently when he attempted to use a taco he had purchased at a Taco Bell drive-thru as identification when asked by officers for one, the Miami New Times reports.

Drinking and driving can do some strange things to people and it's often those observations that go a long way toward an officer determining whether they will file charges against a person or not. Most cases of DUI in West Palm Beach start off this way.

When a police officer pulls over a vehicle on suspicion of DUI, it's because he or she committed some type of traffic violation -- speeding, improper lane change, swerving or something else. They then will strike up a conversation with the driver, hoping to be able to note in their report that the speech was "slurred" and their eyes looked "bloodshot," which are all common indicators officers are trained to spot.

West Palm Beach DUI defense lawyers have seen many cases in which an officer's observations have been discredited by eye witnesses or vehicle passengers who have testified that the driver didn't commit the initial traffic violation, which creates the basis for the DUI investigation. Also, an officer's dash-cam video, which is activated when the overhead lights are turned on, can be used against the police if their report differs from the video, which police rarely review.

All of this information are factors in defense of DUI charges that must be explored in any case. While every situation is different, a defendant shouldn't be arrested without some proof, and they certainly shouldn't be convicted unless the state can prove the case beyond all reasonable doubt.

In this situation, a 30-year-old man drove to a Taco Bell drive-thru late at night in Jensen Beach, north of West Palm Beach. He placed his order but once he got to the pick-up window he fell asleep.

A manager called police since the man was now holding up the line of cars behind him. When deputies arrived, they found the man slumped over the wheel of his truck. A deputy woke him up and the man reached into his bag of food and handed the officer a taco.

The officer clarified that he was asking for identification, not a taco. The man chuckled and began eating the taco. Deputies noticed that the man had fallen asleep with his wheel on the accelerator, with the truck in park. The friction sparked a fire, which deputies put out with fire extinguishers.

After taking a breath test, the man registered a blood alcohol level of .227 and .225, both more than two times higher than the state's legal limit of .08.

If convicted, the man will likely not only face possible jail time or probation, but could be subjected to fines and fees as well as having to install an ignition interlock device on his vehicle. For drivers convicted of DUI in Florida who have a blood alcohol level over .15, an ignition interlock device could be part of sentencing.

These machines ensure a vehicle isn't started without the driver blowing into them and registering a low blood-alcohol level. These are costly machines and the driver not only has to pay for installation, but monthly maintenance.