Outcome: Not Guilty DUI

Description: Client was found passed out in her vehicle in the eastbound lane of the roadway. Her car was running foot on the brake but in Park admitted to drinking "way too much" on way form work to home. The issue was could they prove that she was a .08 or more at time of driving from work to roadway where parked and did she drink more at scene and was this oerpating under the statute. The jury took two hours to deliberate found not guilty. Our theory was that she only drank at the scene and therefore was not operating since car was in park. Her statements that she drank at work were and was on her way home was simply wrong as she was confused and highly intoxicated. She testified she went home first grabbed a bottle of wine then drank when parking her car in the road because she was upset. The prosecution argued that her statement on the evening made more sense and that she passed out while driving only being able to put car into park as no one would park in the middle of the road to drink. Client also tested a .15 and.16 the breath test.