Drinking to Keep Warm Defense Works in DUI Case

(CBS) Employing an unusual but not untested tactic in defense against drunk driving charges, a Missouri man was acquitted by a jury of his DUI charges after testifying that he got drunk after crashing his car to keep warm, not before.

Thomas Drummond told the court he had been out with friends the night of the accident, reports The Southeast Missourian. While navigating icy conditions he missed a turn on an unfamiliar road, then attempted to turn around and drove into a culvert, he testified.

Drummond said he wasn't intoxicated when he drove into the culvert but was two hours later when emergency workers and authorities arrived, the Missourian reports.

"It was the day before the Super Bowl and he had just done some shopping," Defense Attorney Stephen Wilson said Monday. "It was 32 degrees or colder out and he had brandy in the car, so he kept warm."

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