A Deputy reported to the scene in reference to a person down call. When the Deputy arrived, she observed a Ford Escape with the engine running, lights on, doors locked and horn blaring. The defendant was seen in the driver’s seat, unconscious with her foot on the steering wheel engaging the horn. After approximately 7 minutes of attempting to wake the defendant, she responded and unlocked the door. The deputy noticed the odor of alcohol coming from the defendant’s breath. The defendant also had watery eyes and slurred speech. The defendant seemed very confused and unable to answer simple questions. When asked questions to determine if she had any medical issues or problems, defendant responded, “I did not drink and drive since the cops got here. I’m looking for my president. We were just sitting in the car.” A DUI investigator arrived and took over the investigation by requesting the defendant perform field sobriety exercises. The defendant performed them poorly and was arrested for DUI. The defendant was requested to perform a breath test, which she complied. However, due to her hysterical emotional state, she was only able to provide 1 valid breath sample of .164. The defendant was marked as a refusal to submit to breath test after she was unable to provide a second valid breath sample. Result: State dropped the DUI charge.
DUI & Criminal Division
