Not Guilty on .16% DUII

May 10, 2012

OUTCOME: Not Guilty

The officer observed a truck leave a bar and drive approximately one block before stopping. Nobody was observed getting in the vehicle, or exiting the vehicle. The defendant was seen near the vehicle ... after it stopped, and was questioned. He admitted driving, and failed all field sobriety tests. Ultimately his breath test was a .16%. At trial, the jury was not convinced beyond a reasonable doubt that the defendant was the driver of the vehicle, nor was the jury convinced that the breath test was accurate because the state had presented no evidence in support of the breath test.