Around 7:21 PM on April 24, 2022, officers with the Athens-Clarke County Police Department were dispatched to the Blind Pig Tavern in reference to a possible drunken driver. The caller stated that they witnessed three people in the parking lot arguing over who was going to drive. They saw one of them drive away in a Volvo SUV and they were able to provide the license plate. An officer in the area located a 2021 Volvo XC40 with license plates that closely resembled what was provided by the caller, and followed the vehicle to observe its driving behavior. The officer noticed the Volvo SUV failing to maintain its lane more than 8 times, and initiated a traffic stop. He made contact with the driver, who was later identified as 31-year-old Melissa.

Melissa told the officer that they were coming from a baby shower at the Blind Pig Tavern. While she initially denied consuming any alcohol, she would eventually admit to consuming it. The officer called for another officer to come and administer field sobriety exercises, and Officer Haydn Asinas eventually arrived on scene. When Officer Asinas made contact with Melissa, he detected the odor of alcohol and observed other indicators of impairment. Based on their suspicion of impairment, Melissa was asked to perform field sobriety exercises, and she agreed to do so.

Officer Asinas started with the Horizontal Gaze Nystagmus (HGN) test, and he observed a lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and the onset of nystagmus prior to 45 degrees. He also observed vertical nystagmus in both eyes. The second exercise was the Walk and Turn test. During the Walk and Turn test, Melissa failed to touch heel-to-toe on each step and turned improperly. The third exercise was the One Leg Stand exercise. During the One Leg Stand exercise, Melissa failed to count as she was instructed to do so and put her foot down towards the end of the exercise. The fourth exercise was the Lack of Convergence test and the final exercise was the Modified Romberg Balance Test, where Melissa correctly estimated 30 seconds.

Based on the witness account, her driving patterns, her admission to consuming alcohol, and her inability to adequately complete all the field sobriety exercises, Officer Asinas placed Melissa under arrest for driving under the influence. After she was placed under arrest, she refused to submit breath samples or blood samples for testing. She also refused to answer questions. Officer Asinas transported Melissa to the Clarke-County Jail and she was issued the following summonses: DUI – Alcohol – Less Safe (40-6-391(a)(1)) and Failure to Maintain Lane/Improper Driving on Road (40-6-48)
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