BASIC FACTS:  Driver stopped for speeding, allegedly driving 46 miles per hour in a 30 mile per hour zone.  The officer immediately suspected the driver of DWI and interrogated him about drinking.  The officer asked the defendant to take “field sobriety tests”.  The officer testified that the driver was so intoxicated that he had to catch him from falling into the street when he got out of his car.  The defendant agreed to take the field sobriety tests.  The officer claimed that the driver needed assistance to walk to the rear of the vehicle.  The driver performed the typical battery of roadside gymnastics:  the HGN test (this is where the officer directs the driver to “follow-the-pen” and then determines that the driver is drunk because his eyes twitch slightly while following the pen), the “heel to toe test” and the “one-leg-stand test”.  The driver allegedly failed all the tests.  The driver admitted to drinking “three or four earlier”.  The officer arrested the driver and charged him with DWI.

At the police station, the officer asked the defendant if he will take a breath test.  The defendant refused. 

TRIAL OUTCOME:  The state would not agree to reduce the charge and the case proceeded to trial.  After the officer’s testimony, during which he conceded that the driver had managed to walk all 18 steps on a marked line, Attorney Stevens presented the testimony of three witnesses: the defendant, the defendant’s wife, and expert witness Jay Godfrey, President of CG Labs.  The defendant testified as to how much he weighed, how much he ate, and how much he drank. The defendant’s wife testified that he was sober when she picked him up after his arrest.  Mr. Godfrey testified that based on the defendant’s reported consumption, his blood alcohol concentration would have been well below the “legal limit” of .08.  After trial, the defendant was found NOT GUILTY! 

RESULT:       NOT GUILTY VERDICT!!!

Attorney Stevens thanks God for this successful defense!!!