Inside Police Reports: O.K. ... Maybe 2 or 5 ... or 6

Noticing a car weaving as it made its way along Dickens Road, Gwinnett PD pull the car over on Burns Road without incident. Approaching the car, the officer saw the driver shove gum into his mouth. 

Although the gentleman's breath was minty, when he spoke to the officer, a strong odor of alcohol was present. The officer noticed that the driver's eyes were bloodshot, watery and glazed. When discussing the traffic violation, his speech was accented, slurred, thick and mumbled. The officer couldn't understand anything other than "I don't drink." When asked about the strong odor of alcohol, the gentleman said "He was drinking" and pointed to the passenger.

The driver again explained that he went to pick up his friend from a club and repeated "I don't drink." When asked about the gum, the gentleman spat the large wad into his hand saying that he thought the officer had asked him to spit out his gum. He said that he had already been chewing the gum when the officer stopped him.

He was asked to exit the vehicle and staggered when finally having a seat on the bumper of the patrol car. When asked again, the driver said he "did not drink."

The officer asked to check his eyes to make sure he was safe to drive to which the gentleman replied there was no problem with his eyes or his head, but he had neck pain that had not been diagnosed.

The officer explained the field sobriety test that is known as the Horizontal Gaze Nystagmus Evaluation and the driver said he understood the instructions, but when tracking the officer's finger, he repeatedly looked away. He was asked again if he understood the instructions and the driver said he did. After the third try, the driver did not even move his eyes, but stared at the officer instead.

He then said "maybe I don't understand what you are doing" and refused to cooperate.

He was not asked to perform the other tests, but was asked again if he had consumed any alcohol that night. The driver then confessed with a shrug, "only drank about two ... or five ... or six!" 

When administering the alcosensor evaluation, he pretended to blow into the mouth piece. Then eagerly said "I'll do it again." But he pretended the second time, also. The officer told  him he didn't like having his leg pulled but, on the third attempt, the driver barely blew into the mouthpiece producing a positive reading of 0.087.

He was placed under arrest and taken to Gwinnett County for the state breath test where his sample was .127. 

He was transported to jail without further incident. 

• I know the Car is Stolen

Inside Police Reports runs regularly every week. The information is based solely on police incident reports provided on request.