I tried a case this week where my client was acquitted of DUI charges notwithstanding the severity of the basic facts. According to a witness, my client appeared to be exceeding the speed limit when she struck a parked car. She admitted to 4 drinks over a 4 hour period- no one testified to what the alcohol content of that particular drink contained. There were no SFSTs because she was taken to the hospital in an ambulance.
Neither officer detected any odor of alcohol on her breath or person. My client was able to provide all of her personal information. Her speech was not always clear, but she had been clocked by the airbag and she was crying. The State subpoenaed her medical records believing it would provide evidence of her intoxication. Well, the records did not help. She was found to alert and verbal. Her discharge stated, “no evidence of intoxication.”
The judge stated that she had to find beyond a reasonable doubt that the State proved a DUI or DWI. Although she thought my client could be impaired, that is not the standard, and therefore she found my client Not Guilty.