Gainesville Police Department officer responded to multiple citizen complaints regarding a vehicle parked within a traveling lane. Deputies observed a man asleep in the driver’s seat with the vehicle running and in “drive.” After much difficulty, officers were able to rouse the driver who appeared very disoriented. He agreed to perform field sobriety exercises. During the HGN test, lack of smooth pursuit and distinct jerking at maximum deviation were present in both eyes. He stepped off the line and failed to continue walking after making the turn on the walk-and-turn exercise. During the one-leg stand, the driver swayed to the point of almost falling and failed to count out loud. He could not keep his eyes closed during the finger-to-nose test and pointed to the side rather than forward after touching his nose.
Upon arrest, the driver was unable to provide enough volume of breath sample to determine breath alcohol level but the breath samples that were provided were 0.198 and 0.219. Additionally, a search of his car revealed an almost-empty bottle of Jagermeister on the rear floorboard. Driver had a prior reckless driving charge. Driver received an initial plea offer including 1 year probation, 1 year drivers license suspension, and 6 month ignition interlock. Ultimately, attorneys at Meldon Law were able to secure a lesser charge of DUI above .08g/210L but below .15g/210L, which did not include any jail time.