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Man Who Drank "to Stay Warm" Not Guilty of DWI

Posted on Jan 02, 2011

A Missouri man was recently acquitted of DUI after testifying that he drank brandy only after driving his car into a culvert.  

He claims he had been out with friends, but sober, when he headed for home.  He said he missed a turn, then skidded off the icy road.  Apparently he had done some shopping for the Super Bowl, which was the next day, and had brandy in his car.  The temperatures were freezing, and rescuers took two hours to arrive, so he kept himself warm by drinking the brandy, he said.

A trooper testified that the man was unresponsive when he arrived at 4 A.M., and the vehicle was running, but in park.   He conducted field sobriety tests, some of which the defendant refused.  The defendant agreed to a breath test an hour later, blowing a 0.148 (nearly twice the legal limit).

The jury deliberated for less than an hour.

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Paul Liam McGlone
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DWI and Criminal Defense Attorney and Founder of McGlone Law Firm