| Mar 27, 2026 | Case: 25-CT-002138 | Judge J. Steele |
| Facts: | The defendant drove up to the police to discuss a domestic violence situation. Officers noticed an odor of alcohol. According to the officer, she performed poorly on the roadside tests, which consisted of the HGN (eye test), one leg stand, and walk and turn exercises. She was arrested for DUI and later refused a breath test. | |
| Defense: | An odor of alcohol alone, without more, especially no driving pattern, is not enough to allow an officer to lawfully request field sobriety tests. After conversations with the prosecutor, the State Dropped the DUI. | |
| Result: | The State dropped the DUI. | |