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The Facts



The Results

The defendant was driving his van when the officer noticed that the vehicle was shifting back and forth within its lane several times. The van rode on the lane markers on one side of the lane for several hundred feet, then moved to the other lane and rode on that lane marker. The officer followed the van where it continued to drive in this manner the entire time weaving from side to side. The officer stopped the defendant’s vehicle and noticed that the driver had red, blood-shot eyes and had a strong odor of alcoholic beverage coming from his breath. The defendant admitted to the officer that he had three beers and was coming from the moose lodge. He also stated that he was under the influence, but not so much that I can\'t drive. The defendant could not perform the one leg stand because he could not stand on one foot, did not follow directions during the finger to nose exercise and took an incorrect number of steps on the walk and turn exercise. The officer arrested the defendant for driving under the influence and the defendant was taken to the Breath Alcohol Testing Facility where he refused to submit to a lawful test of his breath to determine the alcohol content. On the day of trial, the State dropped the DUI charge.