A Gainesville Police Department officer observed a vehicle driving at a high rate of speed. The officer confirmed the speed at 65mph in a 40mph zone. The officer conducted a traffic stop and upon making contact with the driver immediately noticed a strong odor of an alcoholic beverage coming from her breath. The officer observed the driver’s eyes and noted that they were bloodshot and watery. The driver stated she had consumed three or four beers. The driver performed poorly on field sobriety exercises and was arrested for DUI. The driver’s vehicle was searched and the officer discovered an 18 pack of beer in the backseat. Additionally, a flask with alcohol was located in the driver’s purse. Following implied consent, the driver agreed to provide a breath sample. The driver blew a 0.209g/210L and 0.207g/210L.
Four days later, the driver was pulled over for having illegal tinting and received a citation for the safety violation and also a citation for Driving while License Suspended.
The driver retained Meldon Law and we were able to negotiate with the State Attorney’s office. The driver agreed to plea to the reduced charge of DUI above .08 but below .15. This reduced charge prevented the driver from having enhanced penalties, despite her high breath alcohol levels. As part of the negotiated plea arrangement, the State decided to drop the charges for the safety violation and for Driving while License Suspended.