Driver was observed hitting a curb and swerving within his lane. The driving pattern was suspicious and a Gainesville Police Department officer pulled the driver over to conduct a DUI investigation. The officer made contact with the driver to explain the reason for the stop and the driver had difficulty speaking and standing while talking with the officer. The officer noticed a strong odor of alcohol coming from the driver and his eyes were glassy and watery.
The driver agreed to perform field sobriety exercises. During the horizontal gaze nystagmus exercise, the driver had a lack of smooth pursuit in both eyes and nystagmus at maximum deviation in both eyes. During the walk and turn exercise, the driver missed heel-toe contact on every step. During the one-leg stand, the driver was unable to balance for more than two seconds and was asked to stop for his safety. The driver was arrested for DUI. During a search of his vehicle, the officer discovered a red cup in the center console that contained some sort of alcohol. There was ice in the cup, indicating that it was recently acquired. Following implied consent the driver agreed to provide breath samples. The driver blew a 0.20g/210L and 0.19g/210L.
The driver retained Meldon Law and we were able to enroll him in a deferred prosecution program. After completing the requirements of this program, the driver was able to plea to, and have adjudication of guilt withheld for, the charge of reckless driving with alcohol. The driver was able to receive the minimal penalties for this charge.