Driver Says He Consumed No Alcohol Despite Having a .28 BAC

Niagara Falls Police responded to the 6400 block of Niagara Falls Boulevard around 9pm on May 17th after reports of a two-vehicle crash with a possible impaired driver.

Upon arrival, officers observed grey Ford Escape rear-ended a red Chevy Tahoe. Officers approached the suspected impaired driver, a male, who was standing on the sidewalk.

Officers observed him to have glassy, bloodshot eyes, an odor of alcoholic beverage emanating from his breath, and he was visibly swaying side to side while standing in place. The male had slurred speech, was repetitive and rambling in his manner of speech, and was unable to recount how the crash happened.

Despite all of those things, the male told police he did not consume any alcohol and was completely sober.

Officers then administered standardized field sobriety testing.

The male failed the horizontal glaze nystagmus test.

The male was instructed to do the walk and turn test but was unable to place himself in the starting position. Regardless, he kept falling over. On one occasion, an officer had to physically prevent the male from falling to the ground.

Officers administered a preliminary breath test which was positive for alcohol with a reading of .28% BAC. The male was placed into custody and he was transported to police headquarters for booking and processing.

At that time, officers learned that the male was a citizen of India and contacted U.S. Border Patrol who determined that he met their requirements for an Immigration Detainer.

Charges against the male included Aggravated DWI, Following too Close, Driving While Intoxicated, and Reckless Driving.

No further information is available at this time.

Driver Says He Consumed No Alcohol Despite Having a .28 BAC