State of Florida v. D. Davis

N/A

OUTCOME: Defendant convicted of DUI; Conviction upheld on appeal by circuit court.

Defendant was charged with Driving Under the Influence and refused to provide a breath sample. Defense theory was that defendant was a personal trainer and did not blow into the instrument because he ... was on a low-carb diet. Defense witness testified that he told the defendant not to blow into the instrument because of "false positives."