The defendant was pulled over for weaving back and forth from the center lane to the right lane. The officer also stated that she was driving at 3 AM without her headlights on. When the officer approached, he noticed that her eyes were bloodshot, her speech was thick tounged and she had an odor of alcohol coming from her breath. He requested that she step out of the vehicle. When she did, according to him, she was unsteady. He also stated that she was unsteady when she walked. The officer requested that she perform field sobriety execises and she stated that she wanted to speak with her attorney first. He then requested the she supply a breath sample and once again, she asked for her attorney. She was arrested based on her condition and her refusal to perform field sobriety exercises and/or a breath test. On the day of trial, the state dropped the DUI.
DUI & Criminal Division
