Nashville DUI of the Day: Marijuana example

I observed the defendant fail to stop for a stop sign that was clearly posted at 15th Av N and Bernard Av. I had a clear line of sight towards the stop sign and my vision was not obstructed by any vehicles. When I activated my emergency equipment, the defendant made sharp right turn and hit two cones that were next to the curb in addition to hitting the curb. After approaching the vehicle I immediately smell a strong odor consistent with alcohol from inside of the vehicle. I saw an unopened can of Budweiser on the passenger seat in reach of the driver. I asked the driver if he had consumed alcohol and he stated that he had consumed a 25 oz Budweiser can before he left for his destination. I asked the driver to consent to Standard Field Sobriety Tasks and he did so.

After the defendant exited his vehicle I continued to smell an odor consistent with alcohol about the defendant’s person. The defendant’s eyes were bloodshot and watery. I conducted the SFSTs with the defendant and he showed indicators of impairment during every task. During the HGN the defendant failed to keep his head still and had nystagmus at maximum deviation. During the walk in turn the defendant made an improper turn. During the one legged stand the defendant swayed while on his leg. The defendant was read the TN Implied Consent Law.

The defendant initially agreed to a breath test. During an inventory of the vehicle I discovered marijuana seeds, cigarello packages, and an open container of alcohol underneath the center shifting column. After being mirandized the defendant waived his rights and agreed to speak with me. The defendant admitted to previously smoking marijuana within the past 48 hours. I then asked the defendant if he would agree to consent to a blood test and he refused.