The Ainsley Shea Fitzgerald DUI Arrest began with a chaotic scene in a University of Tampa parking garage that left officers stunned. Early in the morning of February 24, 2024, a silver Hyundai was spotted driving the wrong way through the garage exit. This viral case has captured public attention due to the suspect’s reported military status and the sheer volume of alcohol containers found at the scene.
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Watch: Ainsley Shea Fitzgerald DUI Arrest Caught on Camera
Note: Pay close attention to the timestamp at 00:09:48 where the situation escalates as the officer decides to place the suspect under arrest.
Full Story: How the Incident Unfolded
The incident involving the Ainsley Shea Fitzgerald DUI Arrest started around 2:04 AM at 810 Frederic H. Spaulding Drive. According to police reports, Fitzgerald was driving a silver 2019 Hyundai four-door.
She reportedly entered the garage exit, going the wrong way. During this maneuver, she allegedly ran over multiple traffic cones and a “Do Not Enter” sign. Witnesses and officers noted she was dragging these items through the garage as she drove.
When Officer Baar made contact, the signs of impairment were immediate. Fitzgerald displayed watery and bloodshot eyes, slurred speech, and a noticeable odor of alcohol. She initially told officers she was just dropping off friends.
“I pick them up somewhere near downtown,” she explained during the initial stop. When asked how much she had to drink, she claimed, “Not much at all… like one drink… one glass of wine”.
However, her driving behavior told a different story. Officers noted she had driven through barricades and almost hit other vehicles. As the investigation moved forward, Fitzgerald’s past medical history, including a fractured hip and knee ligament tear, became a point of discussion.
Despite these claims, the officer insisted on checking if she was safe to drive. The Ainsley Shea Fitzgerald DUI Arrest moved into the next phase: Field Sobriety Exercises (SFSEs).
The Arrest: Charges Against Ainsley Shea Fitzgerald
Following the field exercises, Fitzgerald was officially taken into custody. The following table breaks down the formal charges listed in the criminal report affidavit.
| Charge | Simple Explanation | Potential Penalty (US) |
| DUI – Driving Under the Influence | Driving while normal faculties are impaired by alcohol or chemicals | Fines, community service, license suspension, or jail time |
Legal Analysis: Was the Ainsley Shea Fitzgerald DUI Arrest Justified?
From a legal standpoint, the Ainsley Shea Fitzgerald DUI Arrest follows standard law enforcement protocols for suspected impairment.
Fourth Amendment Check: The initial stop was likely justified by the officer witnessing Fitzgerald driving the wrong way through a garage and hitting traffic control devices like cones and a “Do Not Enter” sign. These observations provide the necessary “reasonable suspicion” to conduct a traffic stop.
Police Protocol: Officers followed standard procedure by conducting Field Sobriety Exercises after observing physical indicators of intoxication. The discovery of “many open containers” throughout the vehicle further bolstered the probable cause for the arrest.
Fitzgerald chose to refuse the breath test at the jail. Under Florida law, this carries specific administrative consequences. As the officer explained, “If you refuse the breath test, it’s a one-year suspension”.
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FAQs Regarding DUI and Implied Consent
What is the “Implied Consent” law mentioned in the arrest report?
In Florida, by holding a driver’s license, you automatically agree to submit to a lawful test of your breath, blood, or urine if an officer has probable cause to believe you are driving under the influence. Refusing this test leads to an immediate administrative penalty, such as a license suspension.
Can an officer still charge someone with a DUI if they refuse a breathalyzer?
Yes. An officer can base a DUI charge on “probable cause” derived from other evidence, such as driving behavior (like driving the wrong way or hitting signs), physical indicators (slurred speech or bloodshot eyes), and performance on field sobriety exercises.
How does “Actual Physical Control” differ from actually driving a vehicle?
Under Florida Statute 316.193, you can be charged with a DUI even if the car isn’t moving, as long as you are in “actual physical control” of the vehicle. This usually means being in the driver’s seat with the capability to operate the vehicle, such as having the keys in the ignition or on your person.
What are the consequences of having multiple “open containers” in a vehicle?
While the primary charge in this case is DUI, the presence of multiple open alcohol containers serves as significant evidence of impairment and “readily accessible” alcohol consumption while operating a vehicle. This can strengthen the prosecution’s case and potentially lead to additional traffic citations.
Does a military status provide any legal protection against a DUI charge?
No, being active duty or reserve military does not exempt a person from civil or criminal laws. In fact, a DUI arrest often triggers a requirement for the arresting agency to notify the individual’s military command, which can lead to additional disciplinary actions under the Uniform Code of Military Justice (UCMJ).
Conclusion & Current Status
Following the Ainsley Shea Fitzgerald DUI Arrest, the suspect was transported to the Hillsborough County jail. During the booking process, she confirmed her status as active military.
Search of her vehicle revealed a startling amount of evidence. Officers reported finding empty cans of hard seltzer, an empty box of Twisted Tea, an empty silver Patron tequila box, and empty Prosecco Rose in the glove compartment. One officer remarked, “This car is wrecked… everywhere you look, there’s a dome container”.
Additionally, it was discovered that Fitzgerald’s license had already been suspended for failure to pay traffic fines and insurance issues in late 2023. As of the report date, she faces a mandatory court appearance to answer for the DUI charge.
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Download Police Report click here.
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Disclaimer: All suspects are presumed innocent until proven guilty in a court of law. This report is based on official police records.
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