Police respond to a report car crash; a driver had lost control of their vehicle and hit a tree on the side of the road. Police find the vehicle and the driver who had sustained a minor lip injury in the crash. The officers note the odor of alcohol on the driver’s breath; driver admits to having a few beers earlier that night, open containers found in vehicle. It was determined that due to the driver’s injuries field sobriety tests would be unreliable. The officers determined that based on their initial findings, the driver’s ability to operate a motor vehicle safely was impaired by alcohol. The officers placed the driver under arrest and accompanied him to the hospital for treatment of his injuries. Defense utilizes emergency room records to contradict police opinion of intoxication. Not guilty verdict following jury trial.