Not Guilty/Complete Acquittal at Jury Trial – DUI and DWI (.120 BAC) – State v. Mr. M (DMC No. 18396) MAY 17, 2023 – Gilbert City Court (Case No. 2021-CT-0010576)
Mr. M had worked out previously in the morning in order to train for the triathlon. He had conducted a 26-mile run and a 10-mile swim that day. He then went and met up with his friends at Whiskey Row, and was driving home in his friend’s car with a young lady he had met who was in the passenger seat. Because he was not familiar with the car, he only had the running lights on, and not the headlights.
He was ultimately pulled over by a Police Officer solely for the reason of not having his headlights illuminated. He did very well on the Field Sobriety Tests, and when he was asked to provide a breath sample on the Preliminary Breath Test on the roadside, he refused (which was his right). He was subsequently arrested and taken to the Police Station.
While he was at the station, he was asked to provide a blood sample voluntarily and he refused. The Officers eventually obtained a Search Warrant and drew his blood. His blood came back with a .120 Blood Alcohol Concentration, roughly an hour and a half after he had been driving. During the Jury Trial, evidence was presented of his sobriety during the Field Sobriety Testing, and that he had had drinks just prior to leaving the bar, and before being pulled over by the Officer. Our Expert was able to show he was below the legal limit at the time he was driving, and he subsequently elevated to a .120 by the time they had drawn his blood. In addition, the Expert testified that the temperature was not properly maintained on the blood testing device, and the entire reading could be suspect. The Jury returned a Not Guilty verdict in less than one hour, and Mr. M was not convicted of any criminal offenses.