Case Results

Second of two cases in a week dismissed by the Key West State Attorney's Office

October 2019

In this case, our client had been arrested for DUI and was asked for a breath sample. He initially had refused the breath test, because he knew that judges and prosecutors always seem to refuse to blow when they are arrested for DUI. 

After being arrested and returned to the Monroe County Jail (Key West), our client was warned about the potential penalties for refusing to give a breath sample. He changed his mind, and said that he WOULD provide a sample. The police told him that they would not allow him to give a breath sample. 

This was legally and morally wrong. The officers, merely because they had decided that our client "had his chance," told him that he could not take the breath test. According to their own report, (our client) "pleaded with us to allow him to submit his breath." But they didn't budge, and they called his test a "refusal."

The prosecutor who was charged with prosecuting this case realized that the police who deprived our client of his right to a breath test, had forever prevented a fair trial on the charge against our client. To his credit, he decided to drop all charges against. our client. We still have to fight our client's drivers license suspension. He didn't refuse a breath sample. The police refused to allow him to give it. 

Practice area(s): DUI / DWI

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Tom Hudson

Known nationwide as a leading DUI defense lawyer, Tom has tried over 350 jury trials, including numerous death penalty cases. He now limits his criminal practice to DUI defense. His civil practice is devoted to getting fair compensation for the victims of negligence. Tom has attained multiple verdicts and settlements in excess of $1 million, and is a Life Member of the Multi-Million Dollar Advocates Forum. In 2008, Tom Hudson passed the National Board Certification Test for DUI Attorneys in Honolulu, Hawaii. NOTE: The State of Florida does not yet recognize DUI defense as a Specialty.

Board Certification in DUI Defense

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Tom Hudson passed the National Board Certification Examination (written and oral) in Honolulu in 2008, and was recertified in 2013. He was one of the first 50 lawyers granted national board certification in DUI Defense, and is nationally recognized as an authority in DUI law.

Why We're Different

Board Certification as a DUI Specialist by the National College for DUI Defense. Formal NHTSA Certification as an Instructor of the Standardized Field Sobriety Tests given by police in DUI cases. Formal training as a NHTSA Drug Recognition Evaluator. ("Drug Evaluation & Classification") Formal training to operate the Intoxilyzer 8000, Florida's official breath test instrument. Extensive experience in teaching other attorneys how to handle DUI cases. Hundreds of jury trials both as defense lawyer and as prosecutor. Florida's State Delegate to the National College for DUI Defense.