A driver was observed travelling westbound in Gainesville, Florida, when he hit a curb and blew out his front right tire. Two law enforcement officers made contact with the driver who showed signs of intoxication. Officers noted that the driver’s eyes were bloodshot and watery and the driver claimed to have shared a 12-pack of beer with his wife. He consented to perform field sobriety exercises and performed poorly. He exhibited distinct jerking and lack of smooth pursuit in both eyes during the HGN test. He had difficulty maintaining his balance and staying on the line during the walk-and-turn exercise. Additionally, officers reported that he missed the tip of his nose during the finger-to-nose test and placed his foot down during the one-leg stand.
The driver was placed under arrest for DUI and consented to a breath test. He provided two breath samples of .196g/210L. and .181g210L. He sought representation from attorneys at Meldon Law, who successfully petitioned for his participation in a probation Work Release Program, rather than serve time in jail.