A Gainesville Police Department Officer observed a vehicle driving while straddling the dividing line for one half block, making unusually wide turns, driving with tires on the double yellow lines, and driving northbound in southbound lanes. The driver was circling blocks and based on the unusual driving pattern, the time of night, and the driver having left a known parking lot used by bar patrons the officer believed the drive may be impaired. The driver had droopy eyelids, bloodshot and watery eyes, and a noticeable odor of alcohol coming from the vehicle. The driver spoke with slurred speech and had inconsistencies in the statements he made to the officer.
During the horizontal gaze nystagmus exercise, the driver lacked smooth pursuit in both eyes with distinct and sustained nystagmus at maximum deviation in both eyes. During the walk and turn exercise, the driver was unable to keep his balance, missed many steps, and stepped off the line. During the one leg stand, the driver was unable to balance and did not lift his foot the proper height. The finger to nose exercise also was poorly performed, with the driver missing the tip of his nose. The driver refused to provide a breath sample. After receiving his Miranda rights the driver admitted to consuming one can of beer several hours earlier. This contradicted prior statements that no alcohol had been consumed. The driver was arrested for DUI.
The client was admitted to the Deferred Prosecution program. The deferred prosecution program reduces the charge of DUI to reckless driving with alcohol upon completion.