In Athens, Georgia, police officers may ask drivers who are suspected of being intoxicated while behind the wheel to perform several field sobriety tests before making a DUI arrest. Tests may include following a light with one’s eyes or walking in a straight line. In some cases, drivers may even be asked to take a breath test, which provides officers with an estimate of one’s blood alcohol concentration.
Sometimes individuals refuse to take these tests because field sobriety tests and breath tests do not always provide accurate readings or prove that one is legally drunk. Lack of evidence from these tests could also prevent a DUI conviction in some cases if officers cannot prove that they had probable cause to suspect a driver of being intoxicated.
However, one woman who was asked to take a field sobriety test last week after police suspected her of driving drunk refused to do so for other reasons. She claimed that her breasts were too large and would prevent her from passing the tests.
On Jan. 29, the driver was allegedly spotted speeding and swerving on a Florida road before she pulled into a Walgreen’s lot and parked her car across two parking spaces. Police responded to reports of the woman driving recklessly and found her sitting in the driver’s seat of her vehicle. When police approached the woman in her car, they reported that they could smell alcohol and the woman was slurring her speech.
When police asked the driver to perform field sobriety tests, the woman claimed that she would not be able to do so because her large breasts would prevent her from being able to balance well. Officers also noted that when the woman did finally perform the field sobriety test, instead of walking in a straight line she began dancing. The woman also allegedly tried to take off her clothes during the tests to show officers her breasts.
Claiming that one’s breasts are too large to successfully perform a field sobriety test may not necessarily help an individual’s DUI case. But there are other valid reasons why drivers may choose to refuse field sobriety tests or a breath test. If drivers do choose to refuse a test, there are repercussions for doing so in the state of Georgia such as an automatic arrest for drunk driving and the suspension of one’s driver’s license.
Source: Huffington Post, “Florida Woman Busted for DUI Blames Poor Driving on Big Boobs: Maureen Raymond Arrested,” Feb. 3, 2012