Bouton

FACTS AND PROCEDURAL HISTORY

According to the police report, Bouton was pulled over at 5:33 p.m. on September 13, 2013, after Officers Hernandez and Gomez of the Bakersfield Police Department saw her fail to stop behind the crosswalk at a red light. By the time Bouton’s car came to a stop, half of it was beyond the crosswalk and in the intersection. Hernandez observed that Bouton’s speech was slurred when she responded to questions. Bouton denied she had been drinking. Hernandez asked her to get out of the car and walk a straight line. Bouton stumbled while attempting the walk. Gomez called for a traffic unit to carry out a DUI investigation. Officer Brown responded and conducted the investigation at 6:05 p.m. He asked Bouton a series of standard questions, and as she answered he observed that she smelled faintly of alcohol, had slurred speech and red eyes, and swayed from side to side as she sat. She again denied she had been drinking but said she used a prescription medication for bipolar disorder. Bouton then consented to take a series of field sobriety tests. During the horizontal gaze nystagmus test, Bouton failed to follow the instruction to follow a visual stimulus with…