State v. H.M. – .105 breath test & Furnishing alcohol to a minor
A Walton County Sheriff's Deputy caught an underage boy drinking at a local bar, and the boy pointed out H.M., his girlfriend, as the one who furnished the alcohol. The deputy approached H.M. and asked for her license. She responded by telling the officer the license was in her truck. The deputy told her to “go get it.” She walked to her truck, and drove the truck to the officer. Noticing that H.M. was intoxicated, he arrested her. She registered .105, and her case was dismissed because the officer's order to “go get it” could reasonably have been construed as a command that she drive her truck.