Florida Man Arrested During DUI Stop After Claiming He Only Drank at Stoplights, Not While Driving

VERO BEACH, Fla. (June 27, 2018) The drive-thru lane at a local McDonald's became the final stop for a 69-year-old man who offered deputies a highly literal Florida man DUI defense.

He insisted it was perfectly legal to drink bourbon behind the wheel as long as the vehicle was completely stationary.

A viral Instagram post from the meme account "cursednews4u" (seen in the provided file 1001280675.jpg) claims the man was arrested during a standard traffic stop. Police records show the actual circumstances were a bit more chaotic. The incident actually began when a woman waiting for her fast food called 911 because the car behind her kept bumping into her rear bumper.

Responding deputies found Earle Stevens Jr. sitting in the driver's seat of that car. An empty bottle of Jim Beam sat next to him on the passenger side. Police noted he smelled heavily of alcohol, had bloodshot eyes, and cheerfully admitted to the officers that he was feeling pretty good.

When asked the inevitable question about drinking in the vehicle, Stevens confidently said no.

He explained he had not taken a single sip while the car was moving. By his interpretation of the law, he only took drinks when the car was completely stopped at red lights and stop signs. He freely told the deputies he had been actively drinking this way along his entire route from Port St. Lucie to Indian River County, noting that the local traffic signals provided plenty of opportunities.

He seemed to believe a red light created a temporary pause in state law.

Under Florida statutes, a person does not need to be moving to be operating a motor vehicle. Being in actual physical control of a car is enough for a conviction. The legal standard is notoriously strict. People have been arrested for simply sleeping off a heavy night in their backseats if the keys were in their pockets. Sitting with the engine idling in a McDonald's drive-thru easily meets the definition of driving.

Any remaining legal ambiguity was cleared up by his breathalyzer results. He blew a .153 and a .147, which is nearly double the legal limit of .08.

During the stop, deputies also discovered Stevens did not have a valid Florida driver's license. He did have two prior DUI arrests on his record from his time living in Missouri. He was formally charged with driving under the influence and driving without a valid license.

The drive from Port St. Lucie to Vero Beach usually takes about 45 minutes straight up US-1. There are roughly two dozen traffic lights along that stretch of highway. To empty an entire bottle of Jim Beam using his stoplight method, he must have hit terrible traffic.