A Gainesville Police Department officer observed the driver speeding up and slowing down erratically as well as drifting over the lane lines. The driver also failed to stop immediately when the officer activated his lights to effectuate a traffic stop. Upon making contact, the officer noticed that the driver was unable to maintain her balance and smelled of alcohol. She denied drinking an excessive amount of alcohol, but agreed to perform field sobriety exercises.
The driver failed to keep her head still during the HGN test and exhibited lack of smooth pursuit in both eyes. During the walk-and-turn, the driver could not stay on the line, used her arms for balance, made an improper turn, and failed to count out loud. She could not maintain a raised foot during the one-leg stand and had difficulty counting as instructed. She allegedly could not touch her nose during the finger-to-nose exercise and failed to keep her eyes closed and head tilted back as instructed. Additionally, during the Rhomberg Balance exercise the driver swayed and exhibited a lack of convergence with her right eye and estimated a 30-second period at approximately 42 seconds.
The driver, who was under the age of 21, was arrested for DUI. She agreed to provide breath samples and blew a .167g/210L and .157g/210L. Despite her high breath alcohol levels, she pled to the reduced charge of DUI over .08 but under .15 after hiring Meldon Law. In addition, the State dismissed an unrelated charge of Possession of Alcohol by a Minor.