Client stopped by police following dinner with girlfriend. Officer notes red glassy eyes and slurred speech along with poor performance on field sobriety tests. Post arrest breath test results are .10 BAC. Defense presents evidence of pre-arrest consumption of alcohol through restaurant receipt and defense expert establishes that client’s actual blood alcohol level was below legal limit at time of driving and breath test result is inaccurately high because test was conducted during “absorptive” phase of alcohol metabolism in client’s body. Not guilt verdict following trial.