Citizens reported a driver was observed passed out at the wheel, stopped in an intersection. Upon making contact, a Gainesville Police Department officer reported the driver stating he had five drinks that evening. He had difficulty exiting his vehicle, exhibited the smell of alcohol, bloodshot and watery eyes, and slurred speech.
He agreed to perform field sobriety exercises and did poorly. During the HGN test, the driver swayed, exhibited lack of smooth pursuit, and sustained nystagmus at maximum deviation in both eyes. He lost his balance, took an incorrect number of steps, and performed an improper turn during the walk-and-turn exercise. He also miscounted during the one-leg stand and could not follow instructions during the finger-to-nose exercise.
The driver provided two breath samples of .158g/210L and was charged with DUI. He retained Meldon Law, which assisted him with pleading to the lesser charge of DUI above .08g/210L but below .15g/210L.