Chicago DUI lawyer comments on the DUI drive-thru arrest

This Chicago DUI lawyer has posted here and here about police setting up DUI check points at fast food places. I certainly hope this recent DUI arrest doesn't breath life back into that idea.

September 1, Crestview, FL

A woman was arrested after parking her car toward the end of the Whataburger drive-through lane in Crestview and passing out over a half-eaten burger.

Machelle Coleman, 33, of Crestview, was found slumped over her steering wheel by a Crestview Police Department deputy. She had a half-eaten burger on her left leg and lettuce and French fries were strewn across her lap, according to the deputy.

After unsuccessfully attempting to awaken Coleman, the deputy called EMS. A few minutes later, Coleman woke up and began mumbling incoherently. Her eyes were watery and bloodshot. But the deputy did not smell alcohol in the car. Rather, the entire car smelled like a hamburger and fries, according to the incident report.

After EMS had evaluated Coleman, the deputy noted that Coleman was swaying and had trouble maintaining her balance. He requested that she complete field sobriety exercises. Instead, the report said Coleman stated she had to urinate and walked toward the Whataburger restroom.

A female deputy escorted Coleman from the women’s restroom and she was asked again to complete field sobriety exercises.

Coleman told the deputy that those exercises are “just used to make people look guilty” and crossed her arms.

Upon arrival, Coleman refused to provide any breath samples, which were requested by officers during a 20-minute observation period.

I guess time will tell, but if she had enough sense to refuse the Field Sobriety Tests or provide any breath samples, she may not have been drunk after all. However, this is her fifth DUI arrest in the last ten years.