The police made contact with the defendant when they noticed him to be slumped over the wheel of his vehicle. The police asked him where he was coming from and he said Peru. The police noticed an obvious odor of an unknown alcoholic beverage coming from his breath as he spoke, that his eyes were bloodshot and glassy and that he was crying. The defendant performed poorly on roadside exercises and was arrested for DUI. The defendant provided two samples of his breath of .129 and .121 both over the legal limit of .08. The defendant found not guilty of DUI after a jury trial.