Nature of the Case
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Facts
Officer Ott observed D driving a Ford truck. Ott observed D's vehicle drift completely into the oncoming lane and proceed to travel in the lane for oncoming traffic for one tenth of a mile until he activated his emergency lights. D then pulled her vehicle to the side of the road, leaving a large portion of the vehicle protruding into the roadway. Ott observed that D's eyes were glassy and bloodshot, and she emanated a strong odor of alcohol. When asked to exit her vehicle, D stumbled and staggered numerous times. D admitted to consuming beer earlier in the evening. Ott administered three field sobriety tests, and D failed them all. D was placed under arrest for DUI and transported to the hospital for a blood alcohol test, which she refused. At trial, D testified that she consumed alcohol while wearing a prescribed 'duragesic' patch for pain. She testified that she did not realize that the patch would heighten the effects of alcohol. D admitted that she did not read the directions or warnings for the patch. D offered no expert testimony. D was found guilty. D appealed. D claims she raised the defense of involuntary intoxication.
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