Florida Woman Tries To Walk Away During Field Sobriety Exercises While Refusing To Submit To Breath Test, Arrested For DUI

A Florida woman tried to walk away during the middle of field sobriety exercises and refused to submit to a breath test after being pulled over for driving erratically recently.

Melanie Anne Diurlin, 29, of 5414 NW 80th Ave. Road, was charged with DUI and with refusing to submit to a DUI test after having her license suspended. A records search showed she previously refused to provide a breath sample during a DUI arrest in Sumter County in January 2019.

Two Marion County sheriff’s deputies taking a suspect from an unrelated case to the Marion County Jail observed a 2008 Nissan failing to stay in its lane along the 3800 block of South Pine Avenue. The vehicle accelerated rapidly several times and then stopped with no traffic control devices present or other vehicles in front of her, according to the sheriff’s office report.

As the vehicle continued northbound and approached a red light at NW 10th Street, it stopped very suddenly behind the vehicle in front of it. Once the light turned green, the vehicle sat at the intersection for a few seconds for a few seconds before accelerating, the report said.

The vehicle continued north to NW 35th Street, where it turned east and into the McDonald’s parking lot, where deputies conducted a traffic stop. The vehicle came to a rest one to two feet outside the parking spot lanes, according to the report.

Diurlin was the driver and sole occupant, and the deputy could smell the odor of alcohol coming from the vehicle. Asked if she had anything to drink, Diurlin said she had a beer. She had slurred speech and watery, bloodshot eyes, the report said.

When asked by another deputy if she told the first deputy that she had a beer, Diurlin said she never said that. Asked again if she had anything to drink, she replied, “Why is that any of your business?” and wouldn’t answer the question, according to the report.

Diurlin agreed to a series of field sobriety exercises. She was unable to maintain her balance as she got out of her vehicle and fell against it. During the horizontal gaze nystagmus test, Diurlin had a lack of smooth pursuit in both eyes, distinct nystagmus at maximum deviation and onset of nystagmus prior to 45 degrees. She was also swaying and unable to keep her head still, the report said.

Diurlin was provided the instructions for the walk-and-turn exercise but was unable to get into the starting position and maintain her balance. She had to readjust herself multiple times and started the exercise before being told to do so. Diurlin took three steps without touching heel to toe, failed to walk on the line. Upon taking her third step, she made an improper turn and started walking away from the exercise and the deputies, according to the report.

Deputies grabbed Diurlin and took her back to the starting line and asked her if she wanted to continue the exercises and complete them. She said twice she was not going to continue them and was placed under arrest, the report said.

Once at the Marion County Jail, Diurlin was read the implied consent and Miranda warnings. She refused to provide a breath sample and refused to speak about the incident, according to the report. Diurlin is being held on $2,000 bond.

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