5D2021-2866
The Fifth District reversed a trial court order suppressing field sobriety exercise (FSE) evidence in a DUI case, holding that once reasonable suspicion exists that a defendant committed DUI, the defendant can be required to perform FSEs and consent is immaterial. The court rejected the defendant's argument that the State must prove voluntary consent to FSEs as a predicate to admissibility.
Key facts
- Defendant was charged with DUI following a traffic stop where an officer directed defendant to perform field sobriety exercises.
- The trial court suppressed the field sobriety exercise evidence, finding that the State failed to prove defendant voluntarily consented to performing the exercises.
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Why it matters
This opinion resolves a recurring suppression issue in DUI prosecutions by clarifying that consent is not a prerequisite to the admissibility of field sobriety exercise evidence once reasonable suspicion of DUI exists… — full analysis with a trial
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