Nashville DUI of the Day: Blame the Dog

This driver had a dog passenger. Maybe the dog turned his lights out?

I wonder why some officers only use capitol letters.

OFFICER  ---- OBSERVED THE DEFENDANT  DRIVING HIS VEHICLE WITH NO LIGHTS ON 2ND AVE NEAR THE ENTRANCE TO I40E. OFFICER  --- WAS OUT OF HIS VEHICLE AND ATTEMPTED TO GET MR. XXX TO PULL OVER. MR. XXX  IGNORED OFFICER  --- AND PROCEEDED ON I40E WITH NO LIGHTS. OFFICER  ---WAS ABLE TO FOLLOW MR. XXX AND INITIATE A TRAFFIC STOP. MR. XXX WAS SLOW TO STOP AND PULLED BEHIND THE FESSLER’S BUSINESS CENTER. OFFICER ---- OBSERVED INDICATORS OF IMPAIRMENT AND CALLED ME, OFFICER ----, TO INVESTIGATE FOR DUI. I SPOKE WITH MR. XXX AND NOTICED AN ODOR OF ALCOHOLIC BEVERAGE FROM HIS EXPELLED BREATH, RED, WATERY EYES, AND SLURRED SPEECH. MR. XXX WAS UNSTEADY ON HIS FEET AND STATED HE HAD CONSUMED “A COUPLE” BEERS. I TOLD HIM I WANTED HIM TO CONDUCT SFSTS. HE SAID HE DID NOT KNOW IF HE WANTED TO DO THAT. I SAID THAT WE NEEDED TO SEE IF HE WAS OKAY TO BE DRIVING AND HE SAID HE DIDN’T WANT TO DO THAT BECAUSE HE WASN’T SURE. MR. XXX EVENTUALLY COOPERATED WITH THE HORIZONTAL GAZE NYSTAGMUS AND SHOWED INDICATORS OF IMPAIRMENT. HE WAS UNABLE TO MAINTAIN THE INSTRUCTIONAL POSITION AND ATTEMPTED TO START TOO SOON DURING THE WALK AND TURN. HE THEN SAID THAT HE WAS TOO COLD TO DO THE TASK. HE LOST HIS BALANCE STANDING ON TWO FEET DURING THE INSTRUCTIONS OF THE ONE LEG STAND AND SAID THAT HE DID NOT WANT TO DO THAT EITHER. HE WAS PLACED UNDER ARREST FOR DUI AND READ THE MIRANDA WARNING AND IMPLIED CONSENT. HE SAID THAT HE UNDERSTOOD BOTH. HE HAD CONVICTIONS FOR DUI IN TN ON 7/27/1983 AND 2/21/1986. HE WAS ASKED TO CONSENT TO A BLOOD TEST AND REFUSED. I APPLIED FOR, AND WAS GRANTED, A SEARCH WARRANT FOR HIS BLOOD. HE WAS TRANSPORTED TO GENERAL HOSPITAL FOR THE BLOOD TEST. HIS VEHICLE WAS TOWED FROM THE SCENE AND HIS DOG WAS TAKEN INTO CUSTODY BY ANIMAL CONTROL.