Police officer responds to the scene of a single-car accident at 2:30 a.m., where he finds client’s motor vehicle in the woods some 310 feet from the roadway. Officer detects strong odor of an alcoholic beverage, unsteady gait and slow deliberate “swollen tongue” speech. Client admits to drinking “five beers” before accident and is then transported to hospital. Receives notice of criminal charges several days later. No evidence of field sobriety tests nor was client asked to submit to breath or blood test. Defense argues statement regarding the consumption of alcohol is insufficient to prove guilt without evidence establishing time of consumption. Not Guilty following trial.