A Gainesville Police Department officer responded to a crash involving three vehicles. Upon arriving at the scene, the at-fault driver had already been transported to the hospital. When the officer arrived at the hospital and made contact with the driver, the officer asked what he remembered about the crash. The driver replied that he did not remember much, but had too much to drink. The driver voluntarily stated he took full responsibility for the crash and was crying, concerned about the other occupants in the other vehicles. The driver had an odor of alcohol emitting from his breath, mumbled, and had glossy red eyes.
The officer informed the driver that he was beginning a DUI investigation and read the driver his Miranda rights. The driver consented to a blood alcohol test. Post-Miranda, the driver admitted to driving the vehicle, that he had come from a dinner engagement, that he had too many drinks, and could definitely feel the effects of the alcohol. The blood alcohol test revealed a BAC. of 0.214. The driver was released from the hospital and placed under arrest where he was transported to jail for DUI. Upon arrival, the driver was searched and the officer conducting the search discovered a plastic baggy with two green pills in the driver’s right sock. The driver was charged with bringing contraband into a detention facility.
The driver retained Meldon Law and we were able to negotiate with the State Attorney’s office to drop the felony charge of smuggling contraband into a detention facility and allow the driver to plea to DUI above .08 but below .15 despite the high B.A.C. report from the hospital. The driver was allowed to receive the minimal sanctions for a DUI and the State dropped all other charges relating to this case.