Case #: 15-ct-00xxxxxxx
On 9/20/16, at approximately 3:15am, a DUI investigator responded to I-275 in reference to assisting an officer with a possible impaired driver. Upon his arrival, the investigator was informed the vehicle had been stopped by the officer after traveling north on Howard Ave riding against the curb with wheels rubbing the curb much of the time. The vehicle was also swerving and failed to maintain a single lane three times. The vehicle also stopped in the middle of an intersection and then drove through the emergency section of I-275 after the Howard Ave ramp before the traffic stop was initiated.
The DUI investigator made contact with the Defendant who had a distinct odor of alcoholic beverage coming from is breath. The Defendant also had bloodshot/watery eyes and slurred speech. The investigator requested the Defendant to perform field sobriety exercises. The Defendant agreed. During the walk and turn exercise, the Defendant swayed and nearly lost his balance. The Defendant took the wrong number of steps, missed heel to toe and stepped off the line during the exercise as well. On the One Leg Stand exercise, the Defendant swayed noticeably, used his arms for balance and put his foot down. On the Finger to Nose exercise, the Defendant did not follow instructions and only raised his right or left hand without attempting to touch his nose at all. After the investigator explained the exercise again, the Defendant failed to touch his nose with his finger tip on each attempt. The Defendant also did not return his hand to his side on each attempt and tilted his head forward.
The Defendant was placed under arrest for DUI. The Defendant was read Florida's Implied Consent law regarding providing a breath sample. The Defendant agreed to testing. Once at Central Breath Testing, the Defendant placed water in his mouth while in the restroom after being specifically told not to do so by the Investigator. The 20 minute observation period was then restarted and the Defendant then indicated he would not provide a breath sample. The Defendant was then read Implied Consent regarding commercial drivers, as the Defendant possessed a CDL. The Defendant still refused to provide a breath sample.