A driver backed into another car in a parking lot and law enforcement was called. Upon making contact with the driver, Gainesville Police Department officers noted that she exhibited signs of impairment, including the strong odor of alcohol on her breath, a delayed response to questioning, and slurred speech. The driver admitted to having 2 draft beers and 1 bottled beer, but consented to performing field sobriety exercises.
During the Horizontal Gaze Nystagmus Test, the driver displayed lack of smooth pursuit and jerking at maximum deviation in both eyes and she also swayed throughout the exercise. She lost her balance during the walk-and-turn and stepped off the line while walking. She only raised her foot one inch during the one-leg stand, but could not keep her leg raised. Additionally, she failed to keep her eyes closed and missed touching her nose during the finger-to-nose test, despite the officer’s repeated explanation of instructions.
The driver was placed under arrest for DUI and provided two breath alcohol samples of .211g/210L and /184g/210L. (Date of Arrest: March 13, 2011) She retained the services of Meldon Law. Despite having a prior DUI, she was only placed on probation, required to pay fines, and perform community service hours.