An officer with the Gainesville Police Department noticed a vehicle driving without headlights and weaving across the fog line. After initiating a traffic stop, the officer smelled alcohol emanating from the driver and noticed empty beer cans in the vehicle. The driver claimed he had just left a bar in downtown Gainesville, Florida. He consented to field sobriety exercises.
During the HGN test, the driver lacked smooth pursuit in both eyes and had distinct nystagmus at maximum deviation. During the walk-and-turn exercise, the driver had difficulty maintaining his balance without using his arms, could not stay on the line, and could not walk heel-to-toe. He swayed during the one-leg stand and missed the tip of his nose during the finger-to-nose test. Following implied consent, the driver agreed to provide breath samples and blew .155g/210L and .162g/210L. Attorneys at Meldon Law negotiated with the State Attorney and our client pled to the non-enhanced charge of DUI above .08g/210L but below .15g/210L.