DUI charges are often not as cut and dry as prosecutors would like us to think. That would seem to be true in a recent case involving Rickie Harris, 68, a former football player for the Washington Redskins. Harris was accused of felony DUI in Fairfax County, but last week the judge in the case declared a mistrial after a jury remained deadlocked at 11 to 1.

A juror in the trial later said that she chose not to convict Harris because the defense raised reasonable doubts with regard to the accurateness of the breath test machine used to read Harris's blood-alcohol level. An expert for the defense said the reading from the breath test was likely unreliable because the machine hadn't been recalibrated after maintenance.

Also at issue was Harris's dementia, which his attorney argued could have caused his client's erratic driving on the night he was arrested. Harris's ex-wife and a psychologist also testified that Harris suffers from dementia, which many believe may have been caused by numerous concussions he suffered while playing football in the NFL.

The judge in the case told the jury that testimony regarding Harris's dementia should only be considered with respect to Harris's driving on the night he was arrested, and that his dementia should not be a factor in any conviction on the DUI charge.

A Fairfax County police officer testified that he pulled over Harris at about 2:30 a.m. on Dec. 12, 2010. The officer claimed that Harris crossed the center line several times and was speeding. The policeman also alleged that Harris's eyes were bloodshot, that his vehicle smelled of alcohol and that he was shaky on his feet when he stepped out of his vehicle.

The officer said that Harris first admitted to having two glasses of champagne but later said he had two glasses of beer. The officer arrested Harris and took him to Fairfax County Jail, where he was given a breath test that indicated a blood-alcohol level of .08 percent, which is precisely the legal limit in Virginia. However, according to a juror, the prosecution couldn't adequately determine if Harris's blood-alcohol level was .08 percent when he was pulled over.

Although the court proceedings resulted in a mistrial, Harris could still be retried for drunk driving. If convicted, it would be his third DUI offense in the past five years, meaning he could face a maximum sentence of five years in jail. In the event that another trial takes place, Harris and his attorney will need to prepare a strong and meaningful defense aimed at the dismissal or reduction of repeat-offender charges.

Source: washingtonpost.com, "Jury deadlocks in DUI trial for former Redskin," Justin Jouvenal, Jan. 5, 2012