The Jeep left the drive-thru and headed north on Locust Street and stopped at the light at Spring Street. When the light turned green, the vehicle headed east with the driver’s side front wheel going over the yellow line. He was then stopped and identified as a 20-year-old Miami student.
The officer described his eyes as glassy. He was asked to shut off the vehicle, but did so without putting it into park. A strong odor of an alcoholic beverage was detected coming from inside the vehicle. He was asked if he had anything to drink that night and said he had not.
He told the officer he lived nearby at the next stop light intersection, but gave an address in the 200 block of South Poplar Street – four blocks away. He was asked to step out of the vehicle and as he did so, it began moving backward because it had not been put it into park.
He denied for a second time having had anything to drink. He was described as swaying while speaking to the officer, who also detected the odor of an alcoholic beverage on his breath.
He consented to doing field sobriety tests, on which he performed poorly. He was placed under arrest for operating a vehicle intoxicated. He was taken to the police station, where he refused to take the breath test. He was charged with OVI, offenses concerning underage persons and marked lanes.
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