Good roadside alcohol and MJ evidence; no accident or injury but EMS transported due to level of apparent intox. LE didn't seek warrant #@**! Two hours after admission hospital released to Mother with no blood or drug tests. Report said "Clinically Sober, able to run down hall with no problem; AAOx4." On scene LE asked 2 of the 4 questions (day and place) and got wrong answers. Did the hospital turn my good DWI case into a teaching moment? I found a blog titled "AAOx4 Don't Mean S***"

I would ask the author of the hospital notes that say D is "clinically sober" what that means. He was released to his mother. Did he think he was capable of safely operating a car? In his opinion had the def. lost any of this normal mental faculties?

I suspect all he meant was that the fellow was no longer in danger from gross intoxication. If so, if this is all explained to the jury, and they are properly voir dired on the legal definition of intoxication, you have a fighting chance.