DUI & Criminal Division

Florida High Patrol trooper was dispatched to the scene of a crash on I-75 south. Upon his arrival, he determined it was a single vehicle crash. He met with 1 witness who stated he saw the Defendant veer off the roadway where she struck a sign post with the front of her car. The trooper met with the Defendant who had a strong odor of alcoholic beverages on her breath. She also had bloodshot and watery eyes, slurred speech and was incoherent. She was unable to communicate any details about the crash. The Defendant was unable to stand for even short periods of time. When asked to stand while the trooper explained his presence at the scene, the Defendant stated, “she had to go to sleep” and then laid on the ground. The trooper had to assist her off the ground and placed her under arrest for DUI. An open container of alcohol was found inside the vehicle. While transporting the Defendant to the Central Breath Testing, the Defendant began screaming obsenities and demanding heart medicine which was supposed to be in her purse. A search of her purse revealed no medication. Upon arrival at the jail, the Defendant was unable to walk and had to be assisted into the building to central booking. The trooper requested a breath sample once inside the Central Breath Testing center. The Defendant was read Florida’s Implied Consent law and she refused to respond in any way. Her silence was treated as a refusal and she was booked for DUI. Results: the State attorney’s office dropped the DUI charge and the Judge dismissed the open container citation.