A witness observed the driver stumbling as he got into his vehicle in a grocery store parking lot. The driver struck multiple curbs as he traveled south.
A Gainesville Police Department officer made contact with the driver, who was double parked in front of an apartment building. The driver was slouched over the steering column with the vehicle idling. The driver had a strong odor of alcohol emitting from his person, bloodshot watery eyes, mumbled and thick-tongued speech, and it appeared he may have vomited on his clothing.
The driver swayed while standing and stumbled while walking. The driver was unable to perform any field sobriety exercises safely. The driver was read implied consent and refused to provide breath samples. During the mandatory 20 minute waiting period, the driver agreed to provide a breath sample, attempted, but was unable to produce enough volume of breath for a reading.
The driver retained Meldon Law and we were able to secure the minimum penalties associated with a DUI charge after negotiations with the State Attorney’s office.