The defendant was pulled over for going 70 mph in a 40 mph zone. When asked to exit the vehicle, the officer noticed he was unsteady on his feet and that he smelled of alcohol. The officer requested that he submit to field sobriety exercises and he agreed. The defendant put his foot down 5 times during the one-legged stand, made numerous mistakes during the walk and turn, and failed to touch his nose 3 out of 6 times on the finger to nose test. He was arrested based on his performance and he refused to take a breath test. The state dropped the DUI on the day of trial.
DUI & Criminal Division
