After he wrecked his bike a passerby stopped and told police he was weaving and based upon that she thought he was drunk. Based upon the fact that he had just left a bar and also on the witnesses comment, he was charged with DUI. His credit card showed that he had consumed two beers in a two hour period. At the scene he sustained a fractured ankle and other injuries. A bench trial was held on the case. At trial the officer admitted that the Defendant was injured and that he was unable to perform any field sobriety tests. Although the officer testified that the Defendant refused a blood alcohol test, that fact was disputed at trial. The judge found him NOT GUILTY.