Defendant was stopped by police after receiving a call from a citizen who noticed a white male walking in front of them with poor balance and that he was stumbling as he walked. The Caller also said that the male was fumbling with his car keys. Police noticed Def. parked off the side of the road. When the Police Officer made contact with Def. he noticed the Def. had a strong odor of an alcoholic beverage coming from his breath and person. The Police Officer also noticed Def. had bloodshot and glassy eyes and his speech was slow and sluggish, and at times he seemed confused. Def. performed poorly on field sobriety exercises and was arrested for DUI. Def. was transported to the Breath Alcohol Testing Facility where he submitted to a breath test. The results were .183 and .187 more than double the legal limit. DUI charge dropped.
DUI & Criminal Division
