Acquitted
.10% BAC - ACQUITTED
At 3:00 a.m. the Cal State Fresno Police pulled over the driver for doing donuts in his car in the middle of an intersection. After displaying red blood shot eyes, an unsteady gait, and a strong odor of an alcoholic beverage, the driver failed to complete the field sobriety tests swaying repeated during the various balance tests. An on site breath test reported a .10 breath alcohol level which was confirmed 20 minutes later with two additional tests each reporting a .10 level. Facing a 6 month driver’s license suspension and 5 days jail, the case was resolved for reckless driving with alcohol, no jail, no work release, no DUI classes, no loss of license, and a small fine. The DUI was dismissed and the driver was acquitted of driving with an alcohol level of .08 or greater.