Hays v. City of Jacksonville

Rena Deford Hays was convicted for driving under the influence of alcohol and was fined $300 and court costs. On this appeal from that conviction, the issue is whether a motorist must be arrested for DUI before being taken into custody and required to submit to a chemical test for intoxication.

For purposes of appeal, the facts have been stipulated. The city, the appellee, has not filed a brief.

Around 4:00 on the morning of September 7, 1986, Jacksonville Police Officer Paul Starr stopped the defendant after he observed the vehicle she was driving "weaving." The officer requested the…