Client stopped at 1:44 a.m. for speeding. Officer detects odor of alcohol and some slurred speech and testifies that client failed three (3) of his field sobriety tests. Officer admits on cross exam that client did thirty second one leg stand test perfectly and did not exhibit much difficulty with balance, coordination or speech during remaining tests. Client breath test results are .13 BAC 11/2 hours after arrest and evidence supports inference she consumed alcohol only after 1:00 a.m. Officer admits that client’s peak BAC would occur 45 minutes to 1 ¼ hours after last drink if she had consumed alcohol between 1:00 a.m. and 1:30 a.m. Defense argues that rising BAC had not reached legal limit of .08 by 1:44 a.m. and evidence of field sobriety tests supported this conclusion. Not guilty verdict following trial.