08XT830XXXXX NO CONVICTION AS CHARGED

An Officer responded to a call by a security guard that an individual was seen entering a liquor store having trouble walking and almost fell over as he exited his vehicle. Upon the officer’s arrival, he observed the defendant being detained by the security guard. The defendant was sitting in the driver’s seat of his vehicle with the engine running and reverse lights on. When the officer made contact with the defendant, his eyes were bloodshot and glassy, he smelled of alcohol and his speech was slurred. The defendant admitted to consuming whiskey and some oxycodone and morphine within the past hour. After continuing to observe the defendant’s behavior, a DUI unit was called to conduct an investigation. The DUI officer observed the same observations of the initial officer on the scene regarding the defendant’s appearance, odor and speech patterns. The defendant also was very unsteady on his feet, staggered and swayed as he stood. The officer requested the defendant perform field sobriety exercises, which the defendant agreed. The defendant performed alternative tests due to his physical disabilities. The defendant was read his Miranda rights, which he waived, and then asked to count backwards from 100 to 75 with his eyes closed and head tilted back. The defendant exhibited multiple clues of impairment including swaying, eyes not remaining closed and improper recitation. The defendant’s counting was highly erratic, out of sequence and did not stop at 75 as requested. The defendant also performed the ABC test, which he had to lean on the Officer’s vehicle to complete. The defendant was arrested for DUI. He agreed to perform a breath test, however did not supply the required volume of air. He was considered a physical refusal for not following the breath technician’s instructions. The defendant also submitted urine to test for medications which could cause impairment based on his admission to taking morphine and oxycodone. The case was set for trial, and on the morning when the jury was to be selected, the State dropped the DUI charge.