This officer exited my patrol unit and contacted the driver and lone occupant of the vehicle. This officer advised the driver identified as Phillip Weer via and Indiana Driver's License the reason for being stopped. This officer noticed an open container of alcohol lying on the floorboard of the vehicle. This officer asked Weer if it was an open container of alcohol and he stated "Yes" This officer later retrieved the container and it was found to be Dimitri vodka 357 Ml. While speaking with Weer this officer observed his eyes to be slightly bloodshot, speech was mumbled and a strong odor of an intoxicating beverage about his breath as he spoke. This officer asked Weer, when the last time he had consumed alcohol was and he replied, "I do not know." This officer asked Weer to step from the vehicle and he complied without incident. Upon exiting the vehicle, this officer instructed Weer to walk to rear of his vehicle and onto the sidewalk. This officer watched as Weer stumbled and sway while traversing to the sidewalk from the street. This officer again asked Weer when the last time he had an alcoholic beverage to drink and he stated he could not remember. This officer asked Weer what time it was and he replied "around 3pm. This officer asked Weer to submit to SFSTs and he stated "Yes". Weer completed the following tests. Weer advised this officer before each test he did not have any injuries or medical conditions that would prevent him from completing the tests. HGN Weer was placed in the instructional stance and asked to remove his glasses. After being given the instructions, Weer stated he understood and the test was completed. Weer failed to follow the stimuli and move his head. Weer displayed lack of smooth pursuit in both eyes. Weer displayed distinct Nystagmus prior to the onset of 45 degrees and at maximum deviation. One Legged Stand Weer began the test by lifting his right leg, however he failed to look at his foot and point it to the ground. Weer placed his foot down on count 6000. Weer attempted the test again and placed his foot down on count 8000. This officer observed Weer to sway from side to …show more content…
This officer transported Weer to the Griffith Police Station for processing. After arriving at the station this officer again read, Weer the Indiana Implied Consent and he stated "Yes". This officer a certified breath test operator cleared Weer's mouth of foreign objects and waited in excess of 15 minutes. After waiting in excess of 15 minutes, Weer provided a 2 valid breath samples into the Intox EC/IR-II. The breath samples provided by Weer registered .182g/210L of