Police respond to report of driver passed out, asleep or having seizure in drive thru of McDonald’s. Driver is initially interviewed by 1st officer on scene. 2nd Officer on scene requests driver participate in field sobriety testing after he refuses medical treatment from EMS/Fire units. He notes slurred speech, glassy eyes and an odor of alcohol, also the driver’s apparent confusion as to his exact location. Driver ultimately refuses to take field sobriety tests or post arrest breath test. Defense ensures refusal evidence will not be admitted at trial, offer’s booking video as evidence and confirms through civilian 911 reporting witness that he thought it was a medical emergency/seizure. Not guilty verdict following jury trial. Lifetime look back consequences of Melanie’s Law avoided. Enhanced chemical test refusal suspension vacated.