Tuesday, February 3, 2015

Nashville DUI of the DAY: the Vomiter

Welcome to a new feature on the blog. Each day it is practicable, I will post a new DUI arrest affidavit from Nashville with all the names removed. I hope this allows you to see what our officers deal with every day and night in our Capitol city. There are a number of DUI arrests each day. There is no rhyme or reason why I am picking a particular case. Here is my pick from February 2nd arrests:  Vomit as Evidence:

Officer 1 was following officer 2 to a call when Mr. X swerved into the lane officer 2 was in, nearly striking officer 2’s car. Officer 2 noticed Mr. X appeared to be vomiting. Officer 2 continued to the call while officer 1 activated his emergency equipment, signaling Mr. X to stop. Mr. X was slow to respond, but eventually stopped his vehicle. When officer 1 spoke with Mr. X, he confirmed that Mr. X was vomiting. There was an obvious odor of an alcoholic beverage coming from Mr. X and his vomit.  I, DUI officer, responded to investigate Mr. X for DUI. Mr. X could not stand up without assistance and told me several times he was “drunk.” Mr. X was too intoxicated to perform SFST. I took custody of Mr. X and read the implied consent law to him in Spanish. He stated he did not understand why he could not call his girlfriend. However, when asked to submit to a blood test, he agreed. A computer check showed Mr. X had an expired “History Only” driver’s license.

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