Law enforcement responded to a citizen complaint about a driver sleeping in his vehicle and found the driver asleep at the wheel with the engine on. The responding officer noted that the car was on the curb and that vomit was on the outside of the driver’s door. Upon waking the driver, the officer reported that he had bloodshot and watery eyes, slurred speech, unsteadiness, and smelled of alcohol. The driver’s girlfriend was asleep in the back seat and told law enforcement that she and the driver had been drinking at a Gainesville bar.
The driver agreed to perform field sobriety exercises and displayed unsteadiness throughout. He was unable to remain still during the HGN test and follow the stimulus with his eyes only. He used his arms for balance, stepped off the designated line, and did not touch heel-to-toe during the walk-and-turn exercise. He counted incorrectly and could not raise his leg properly during the one-leg stand.
Based on poor performance, the driver was arrested for DUI. He agreed to perform breath tests and provided samples of .115g/210L and .116g/210L. Attorneys at Meldon Law successfully sought 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.