The defendant was stopped after a DUI officer received a call about an impaired driver. The officer observed a vehicle which matched the description of the vehicle from the anonymous report. The officer followed the vehicle and witnessed its left side tires cross the fog line. The vehicle then swerved in its lane a total of 3 times to the left, then drifted once to the right side of its lane. The vehicle then drifted outside of its lane 3 more times within a ½ mile distance. The defendant stopped past the stop bar as it approached a red light. At that point, the officer initiated a traffic stop. Upon making contact with the defendant, the officer immediately detected an odor of an alcoholic beverage and had red-watery eyes. The defendant stated he had not been drinking. The defendant tripped as he exited his truck. The defendant then stated he had consumed 1 beer. The defendant refused Field Sobreity Exercises. The defendant was then arrested. Upon a search of the defendant’s vehicle, a large cup half filled with an unknown alcoholic beverage was found in the front driver’s side cup holder. The drink was cold and had ice in it. A 1.7 liter bottle of Svedka vodka was found in the back seat. The defendant refused to take the breath test. Result: State dropped the DUI charge.
DUI & Criminal Division
