Officers responded to calls about a possible impaired driver, the report said. The suspect vehicle was reported to be aggressively driving, and tried to “ram” someone’s vehicle.
The report said once officers arrived, the suspect told the officers that he was an Uber driver and was there to pick up passengers. After he was unable to produce the proper insurance materials, officers asked Gutierrez to perform some field sobriety tests.
During the tests, officers ask Gutierrez if there was any reason he would be unable to do the exercises to which informed the officers that he had just finished working out and that he had had done “quads” that day, according to the report.
The report said Gutierrez then failed all sobriety tests, leading to his arrest. After arriving at the Naples Jail Center, Gutierrez refusing a breath test. According to records this would be his fourth DUI charge and second refusal of a sobriety test.
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