Driver too obese for DUI charges to stick
August 15, 2007
By Jennifer Golz SUN-TIMES NEWS GROUP
Size does matter.
That is, if facing charges of drunken driving in Downers Grove.
Dewey Auten's defense attorney argued his client was "too fat" to perform the field sobriety tests administered May 14, 2004, when he was pulled over near the intersection of Ogden and Woodward avenues for suspected driving under the influence.
The 49-year-old Downers Grove man was charged with aggravated DUI and improper lane usage during the traffic stop.
According to police reports, Auten weighs 260 pounds on a 6-foot frame. Auten's height and weight ranks him in the category of "obese" with a body mass index of 35, according to the online calculator at the Department of Nutrition Therapy at The Cleveland Clinic.
His attorney, Robert Stringini, said Auten pulled over promptly when signaled by police that evening, was respectful and complied with all the officer's requests and apologized for being unable to perform the field sobriety tests, which included standing on one leg for 30 seconds and walking a straight line, heel-to-toe.
On the charge of improper lane usage, Auten was not deliberately crossing over into other lanes of traffic because he was drunk, Stringini said, but because of the size of his Chevrolet Suburban with oversized tires.
Stringini's defense tactic worked.
"He may have been under the influence, but not beyond a reasonable doubt," DuPage County Circuit Court Judge Perry Thompson said.
Auten was acquitted on both charges of drunken driving and improper lane usage.
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