State v. Mr. S (DMC No. 17913) – DUI (.263 BAC) Only – Not Guilty/Partial Acquittal at Jury Trial – Feb 16, 2023 – Phoenix City Court (Case No. 5670381).  

Mr. S was seen by a Police Motorcycle Officer at 69th Street and Bell Road who alleged Mr. S “started to slow down quickly and then swerve a little into my lane.”  The Officer then claimed that he slowed down to 5 to 10 miles per hour, then immediately accelerated and “swerved again and almost hit the curb in the #1 lane.”  Ultimately, Mr. S was pulled over and a DUI investigation ensued.  During the investigation, the Officer claimed that Mr. S admitted to having four to eight drinks.  Next, when attempting to do the HGN “eye test,” the Officer said Mr. S failed to follow the pen on two separate tries.  When asked to do the Walk-and-Turn and One-Leg Stand, Mr. S indicated he had “no ACL” in his right knee.  Ultimately, a Preliminary Breath Test was given which resulted in .258 BAC.

After Mr. S was arrested, he was taken to the station and given a blood draw, which revealed a .263 BAC.  At Jury Trial, it was explained that Mr. S’s poor performance on the Field Sobriety Tests were due to his knee, and other health issues that he was suffering from.  Unfortunately, the BAC reading was so high that the Jury only returned a Verdict of Not Guilty for Driving Under the Influence of alcohol charge (i.e., they found No Impairment).