Man charged with DUI, child abuse, Lake Mary police say

Published On: Jan 28 2014 05:46:07 PM EST
Updated On: Jan 28 2014 08:15:21 PM EST

Lake Mary police have arrested a man they say was driving under the influence with three children in his vehicle.

LAKE MARY, Fla. -

Lake Mary police have arrested a man they say was driving under the influence with three children in his vehicle.

Brian Whittemore has been charged with three counts of child abuse and driving under the influence with a blood alcohol level of .15 or higher.

Police said a caller reported that Whittemore was leaving the liquor store on County Road 46A and International Parkway appearing drunk and a juvenile was hanging out of the window.

When police pulled over Whittemore for speeding, they said three juveniles were unrestrained in the back seat of the vehicle.

In body-camera video taken from an officer's vest, Whittemore promises he is not drunk.

"I had a glass of wine at lunch...that's it," he said.

After being asked to complete field sobriety tests, Whittemore refused to submit a breath sample and he was also charged with refusing to submit to a breath test.

"I'm going already through, some DUI that I went through a year ago, and I had a glass of wine at lunch, and I'm not drunk, I don't drink and drive with three kids in the car," he said.

He was taken to the Seminole County jail.

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