A driver was pulled over by a Florida Highway Patrol Officer for failing to yield the right-of-way to a group of pedestrians. Additionally, the driver crossed the centerline and was observed driving with an inoperable brake light. The officer conducted a traffic stop and after making contact with the driver noted that she staggered, spoke in a slurred manner, and smelled of alcohol.
The driver consented to field sobriety exercises. She exhibited a lack of smooth pursuit in both eyes and jerking at maximum deviation prior to 45 degrees. During the walk-and-turn exercise, she could not maintain her balance and took the incorrect number of steps. During the one-leg stand, she dropped her leg twice and failed to direct her gaze downward. During the finger-to-nose exercise, she did not touch the tip of her nose. Upon her arrest, the driver spontaneously told law enforcement that she actually had three mixed drinks that evening. After consenting to a breath test, she blew a .162g/210L and a .154g/210L.
The driver was admitted into the Deferred Prosecution program. The deferred prosecution program reduces the charge of DUI to reckless driving with alcohol upon completion.