A citizen alerted law enforcement about an impaired driver and Gainesville Police Department officers found the driver at a nearby gas station. Officers did not observe him driving, but noted that the keys were in the ignition. Officers noted the driver was staggering, using his vehicle for support, smelled of alcohol, and had bloodshot and watery eyes. The driver admitted to having consumed two beers. He consented to field sobriety exercises.
He was unable to follow the stimulus with his eyes and displayed lack of smooth pursuit and distinct jerking at maximum deviation during the HGN test. During the walk-and turn exercise, the driver had a difficult time keeping his balance and took an incorrect number of steps. He put his foot down during the one-leg stand and could not complete the finger-to-nose test.
Based on his performance, the driver was placed under arrest for DUI. He thereafter provided two breath samples of .185g/210L and .186g/210L. (Date of Arrest: August 2, 2011) At the time of his arrest, the driver had been applying for naturalization. He retained Meldon Law, as a DUI conviction would have significantly impeded this process. Attorneys successfully advocated for the driver’s admission into the Deferred Prosecution program, which he completed. The driver was charged only with Reckless Driving with Alcohol.