A driver turned without yielding the right-of-way and struck a scooter. Gainesville Police Department officers noted several indicators of impairment. Though the driver claimed to have consumed no alcohol that day, he smelled of alcohol, had slurred speech, and bloodshot, watery eyes.
He consented to field sobriety exercises and performed poorly. During the HGN test, he demonstrated a lack of smooth pursuit in both eyes and failed to follow the instruction of keeping his head still. He took too many steps during the walk-and-turn and used his arms for balance. Further, he could not maintain a raised foot and failed to count out loud during the one-leg stand. He also failed to point forward and touch his nose during the finger-to-nose exercise.
The driver provided two breath samples of .176g/210L and .174g/210L. Despite these samples, after hiring Meldon Law, the driver received the lesser sentence of DUI above .08g/210L but below .15g/210L. Additionally, the driver received a non-jail sentence even though the DUI involved property damage.