A Gainesville Police Department officer responded to a report of a vehicle driving recklessly. Two officers followed the vehicle with lights and sirens, which was swerving across all lanes of traffic. The vehicle did not stop until one officer changed the sound of his sirens to get the drivers attention. Ultimately, the vehicle pulled off the road and the driver exited his vehicle, nearly falling into traffic. While speaking with the officers, the driver was extremely unsteady on his feet, proceeded to urinate and soil himself. The officers noticed a strong odor of alcohol coming from the driver’s breath and requested that he complete field sobriety exercises, which the driver agreed to.
During the one leg stand the driver put his leg down many times for stability and nearly fell to the ground. The driver began the finger to nose exercise while the officer was still giving directions and while he performed the exercise he failed to touch the tip of his nose with his fingertip. The driver was unable to concentrate on the directions during the walk and turn exercise and officers had to stop and redirect his focus multiple times. The driver missed every step, miscounted, and nearly fell to the ground again.
Officers arrested the driver for DUI and following informed consent the driver provided breath samples of 0.204g/210L and 0.195g/210L.
The driver retained Meldon Law and we were able to negotiate with the State Attorney’s office to enroll him in the deferred prosecution program. The driver successfully completed the requirements of this program and was allowed to plea to the lesser charge of reckless driving with alcohol. He received a withdrawal of adjudication on guilt.