On 10/13/19 at approximately 2302 hours, an Officer from the West Manchester Township Police Department was on duty and observed a black Nissan Altima, bearing PA registration, with its hazard lights activated, sitting stationary within the westbound lane of travel on High Street. The Officer observed a male subject, later identified by his PA driver's license as Zachary W. Smith, standing next to the vehicle. As the Officer approached the vehicle, he rolled his window down and asked Smith if he needed any assistance. Smith advised his tire blew out and he had already called for a tow truck. Due to the vehicle being a hazard within the roadway and it being dark out, the Officer positioned his vehicle behind the Altima and activated his emergency lights.
The Officer got out of his vehicle to speak with Smith and observed that his eyes were glassy and that there was the odor of an alcoholic beverage coming from his breath. The Officer asked Smith if he had been drinking, which he stated that he had. I asked Smith to provide his driver's license, which he did, and then asked Smith to sit in his vehicle while he returned to my patrol car. Smith was asked performed field sobriety test, which he complied.
The SFTS’s were performed and Smith showed signed of impairment.
The Officer advised Smith of his Miranda warnings and transported him to Memorial Hospital for a blood draw. Upon arrival at the hospital, the Officer advised Smith of his O'Connell warnings by reading the DL-26 form verbatim. Smith stated that he understood the warnings and signed the form just prior to having his blood drawn. Blood was drawn from Smith's right arm on 10/13/19.
The Officer received Smith's toxicology report on 10/23/2019. The NMS Labs report showed that the defendant's BAC was .151 gms/100ml.
Based on the above information, Zachary William Smith was charged with 2 counts of DUI on 10/23/2019.