Kristin Kliphuis Was In Wheelchair, Diaper Ten Years Ago. Through Medication And Rehab She Is Walking And Working. But PBSO Charged Her With DUI Despite Blowing A Zero On Breathalyzer.
BY: ANDREW COLTON | Editor and Publisher
DELRAY BEACH, FL (BocaNewsNow.com) (Copyright © 2023 MetroDesk Media, LLC) — Kristin Kliphuis suffers from Multiple Sclerosis and Lupus. When she rear-ended a vehicle on Atlantic Avenue in Delray Beach Saturday night, the Palm Beach County Sheriff’s Office decided there was no way the minor accident could have been caused by her medical condition, medication, or just plain carelessness. Instead, a deputy charged the woman with DUI. Even though she blew a “zero” on a breathalyzer.
“I was in a diaper and a wheelchair ten years ago,” she said Tuesday afternoon in an exclusive interview with BocaNewsNow.com. “I’ve made great improvement, but I’m still not perfectly steady on my feet.”
Multiple Sclerosis and Lupus are neurological diseases that can make walking, standing, and coordination difficult. Kliphuis, through tears, told BocaNewsNow.com that she uses all the energy she has in her job as a waitress at Oceans One in Delray Market Place as she tries to support herself. It’s a tough job for her, but staying mobile at a location with tables and chairs is good physically, while affording her the ability to stop — catch her balance — and continue on if she starts to feel the effects of her condition. Tired after a twelve hour shift, Kliphuis says she miscalculated a U-Turn on Atlantic Avenue as she was heading home and rear ended a vehicle. That led to a huge police roll-out around 10:45 Saturday night near Atlantic Avenue and the Turnpike.
The Palm Beach County Sheriff’s Office does not routinely comment on active DUI investigations. BocaNewsNow.com, as a matter of practice, does not contact specific deputies while an investigation is pending. The arrest report, however, raises questions about how Kliphuis was treated at the scene of her arrest — and why a deputy determined she should be charged with DUI instead of a lesser infraction. This is part of the narrative filed by the Palm Beach County Sheriff’s Office:
“Kliphuis stated she had not consumed any alcohol tonight but did state she takes several medications, (including) Xanax. Kliphuis advised me she has Lupus, neuropathy, and Multiple Sclerosis (MS). I again asked Kliphuis if she knew where she was geographically and she stated she was on Atlantic Ave near the overpass and facing west.
Kliphuis told me she was traveling eastbound and she now recalled that she made a u-turn at some point to go back to work at Oceans One (Atlantic Ave/Lyons Road), I asked Kliphuis how she ended up traveling westbound and she stated she made a u-turn “right here” (pointing to tie grass median on Atlantic Ave west of the Turnpike overpass) and said probably illegally. Kliphuis then pointed to the intersection of Atlantic Ave and the southbound on ramp of the Florida Turnpike and stated she made the turn there. It should be noted if Kliphuis made the u-turn as she stated it would not be possible for her to end up east of the intersection now traveling in the westbound lanes of Atlantic Ave. A witness stated be observed Kliphuis’s white Volkswagen traveling westbound on Atlantic Ave and the red light at Atlantic Ave and Hagen Ranch Read prior to getting into the motor vehicle accident.
I asked Kliphuis if her MS or Lupus affects her ability to drive she stated only when there are flares and advised me she is not having a flare up. I advised Kliphuis to walk to my patrol car and she attempted to enter my patrol vehicle through my passenger side door.
The defendant was transported to the Palm Beach County Breath Analysis facility where Kliphuis underwent a 20 minute observation period to make sure she did not consume or place anything in her mouth prior to being asked to use the breathalyzer. Kliphuis submitted to a lawful test of her breath and both her results were 0.00. I then asked if Kliphuis would submit to a lawful test of her urine for the purpose of determining the presence of chemical or controlled substances, Kliphuis consented to a urine sample. Urine sample was collected, sealed, labeled and entered in PBSO evidence for further analysis. I advised Kliphuis of her Constitutional Rights in which she acknowledged.”
While the charge remains, Kliphuis’ drivers license was returned to her shortly after her arrest. It is not suspended — a rarity in Florida where licenses are routinely confiscated following a DUI arrest. Kliphuis has no criminal history in the Palm Beach County Clerk’s Office — there’s no record of her ever receiving a ticket in Florida.
“I told the deputies that between Multiple Sclerosis, Lupus, and Neuropathy, there was no way I could touch my nose or walk steadily on a road,” said Kliphuis. “I offered to go to CVS to provide a full list of my prescriptions. But the deputies were not interested in the truth — sometimes an accident is just an accident.”
Kliphuis says she’s reviewing her legal options and has not yet retained an attorney. A court date is pending.
