Law enforcement stopped a driver who made a right turn at a red light without stopping. The officer reported that the driver had bloodshot eyes, used the car for balance, and smelled of alcohol. The driver’s boyfriend was a passenger in the vehicle and indicated that both had been drinking. The driver admitted to consuming at least two alcoholic beverages that evening and agreed to perform field sobriety exercises.
During the HGN test, the driver was unable to follow the stimulus with her eyes only and swayed for its duration. During the walk-and-turn, she could not stay on the line and did not touch heel-to-toe. Further, she swayed and used her hands for balance during the one-leg stand. Following these exercises, the driver was arrested for DUI and provided two breath samples of .154g/210L and .155g/210L.
The driver hired Meldon Law. Attorneys filed two Motions to Suppress, arguing that the results of the breath test were inadmissible. The charge of DUI was thereafter reduced to Reckless Driving with Alcohol.