Driver's License Suspension Reversed despite .273% BAC

John M. Eccher

Case Conclusion Date:March 1, 2013

Practice Area:DUI / DWI

Outcome:Driver's License Suspension Reversed

Description:Officer responds to scene of single-vehicle accident. Vehicle found still running, with major front-end damage, fluid leaking from underside, driver's wallet in front seat. Driver contacted on porch of vacant house nearby. Officer reports strong odor of alcohol; watery, bloodshot, glassy eyes; swaying, staggering balance; slurred, confused speech; hiccups, belching; combative, uncooperative attitude; "too intoxicated and combative to perform [field sobriety] tests;" punching of officer; two Taser shots required for compliance; and BAC of .273% (nearly 3.5 times legal limit) by blood test, following refusal of breath test.

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