The Gainesville Police Department responded to a call regarding a suspicious looking vehicle and found the driver passed out behind the steering wheel. Officers noted the smell of alcohol emanating from the driver, who eventually awoke and appeared disoriented and ill. The driver consented to field sobriety exercises, but performed poorly. His glassy and bloodshot eyes lacked smooth pursuit during the HGN exercise and he failed to keep his head still. During the walk-and-turn exercise, the driver attempted to start prior to being instructed to do so, failed to stay on the line, and took an excessive number of steps. He also counted incorrectly during the one-leg stand and could not maintain a raised foot. Additionally, he swayed and missed the tip of his nose during the finger-to-nose exercise.
He was arrested for DUI and refused to provide a breath sample. Meldon Law requested the driver’s admission into the Deferred Prosecution program. The deferred prosecution program reduces the charge of DUI to reckless driving with alcohol upon completion.