Man Takes Last Swig before Sobriety Test
A Florida man was pulled over by police for a DUI but decided to take one last swig before his field sobriety test.
Police say they saw Dana Allen Seaman's vehicle swerve three times, the Ocala.com reports. The 61-year-old man was stopped and agreed to take a field sobriety test.
When a law enforcement officer makes a vehicle stop because he or she suspects that the driver may be intoxicated, the officer will conduct a "field sobriety" test on the driver and may ask for consent.
But while stopped and awaiting roadside for his field sobriety test, Seaman took one last swing of alcohol. A deputy watched Seaman take a drink from a cup and toss it under the passenger seat.
Field sobriety tests usually involve a police officer asking a driver to perform a number of tasks that assess any impairment of the person's physical or cognitive ability.
Examples of field sobriety tests include having the driver walk a straight line, heel to toe; having the driver recite the alphabet backwards; and the officer's use of the "horizontal gaze nystagmus" (eye and penlight) test.
Deputy Eric Larson said he could smell the strong odor of alcohol when he retrieved the cup.
Seaman could not stand on one leg, weaved when attempting to put his finger to his nose and was unsteady on his feet during all the tests, the deputy said.
Lastly, the deputy said Seaman's speech was slurred and that he could not understand the alphabet. Seaman refused a breathalyzer test, which measures a driver's blood-alcohol concentration (BAC).
Seaman was charged with a DUI.
- DUI - The Basics (FindLaw)
- Sobriety Tests and Checkpoints (FindLaw)
- Drunk Driving FAQ (FindLaw)
- Probable Cause (provided by The Law Offices of Mark R. DeYoe)
- The DUI Arrest (provided by Jerald Novak Attorney at Law)
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