Posted: May 18th, 2017

Ellie, a very petite woman, went to the unofficial office happy hour after work. Although she was not generally a drinker, she frequently attended the nightly happy hour to get to know other people in the firm. During the course of her 45-minute stay, Ellie had one glass of white wine. On her short drive home, a police officer lawfully pulled her over. Suspecting Ellie was drunk, the officer conducted a field sobriety test. Ellie’s blood-alcohol level was just above the legal limit. Which of the following arguments might successfully be put forth in her defense to a charge of driving under the influence?

Ellie, a very petite woman, went to the unofficial office happy hour after work. Although she was not generally a drinker, she frequently attended the nightly happy hour to get to know other people in the firm. During the course of her 45-minute stay, Ellie had one glass of white wine. On her short drive home, a police officer lawfully pulled her over. Suspecting Ellie was drunk, the officer conducted a field sobriety test. Ellie’s blood-alcohol level was just above the legal limit. Which of the following arguments might successfully be put forth in her defense to a charge of driving under the influence? (A) She did not know she was intoxicated. (B) She did not intend to drive while intoxicated. (C) Any reasonable person would have acted in the same manner, considering the circumstances. (D) None of the above.