Law enforcement observed a driver erratically accelerating, drifting outside her lane, and estimated that she was driving 10 miles per hour over the posted speed limit. Upon confirming that the driver was speeding, the officer initiated a traffic stop. The driver explained that she and her boyfriend, a passenger in the car, were “wrestling around,” resulting in her erratic driving. Upon smelling alcohol on the driver’s breath and noting her bloodshot eyes, the officer asked whether the driver had been drinking, which she admitted.
The driver consented to performing field sobriety exercises. During the initial HGN test, she lacked smooth pursuit and had sustained nystagmus at maximum deviation in both eyes, with onset prior to 45 degrees. She failed to remain on the designated line due to lack of balance and took an incorrect number of steps during the walk-and-turn exercise. Further, she swayed and placed her foot down during the one-leg stand test.
Following her poor performance, she was placed under arrest for DUI and consented to a breath test. She provided two samples of .091 g/210L and .088g/210L. The driver retained Meldon Law and her DUI charge was reduced to Reckless Driving with Alcohol.