The driver was observed driving 45 mph in a 35-mph zone, braking and accelerating sporadically, and changing lanes without using signals. Upon stopping the driver, police noticed that the driver smelled of alcohol and had slurred speech. The driver admitted to having a few drinks that evening and agreed to perform field sobriety exercises.
He displayed a lack of smooth pursuit and maximum deviation prior to 45 degrees in both eyes, which were watery and bloodshot. He tried to start the walk-and-turn test prematurely, missed the heel-to-toe pattern, and used his arms for balance. He counted incorrectly and placed his foot on the ground several times during the one-leg stand. Additionally, he swayed, missed the tip of his nose, and forgot to point forward during the finger-to-nose exercise.
The driver was arrested for DUI and agreed to perform a breath test. He provided two samples of .147g/210L and .150g/210L. However, the attorneys at Meldon Law were able to negotiate with the State Attorney, who stipulated to a non-enhanced charge of DUI above .08g/210L but below .15g/210L.