A De Queen man, Vicente Gutierrez, Jr., 22, was jailed on DWI charges on Jan. 3, after De Queen police found him his vehicle in a ditch with the engine still running.
According to Ptl. Doug Johnson, he was patrolling near 8th Street and Collins Ave. and while going east on Collins from 9th Street, he observed a vehicle facing east on 8th Street in the ditch. He said the vehicle was still running and Gutierrez, Jr. was the sole occupant of the vehicle, still behind the wheel.
He made contact with Gutierrez, Jr., who told the officer he was not injured and that he was just trying to get home from his friends house. Johnson asked Gutierrez, Jr. how much he had to drink today and was told, "a little bit."
Johnson wrote in his report that he could smell the odor of intoxicants coming from the vehicle and observed an open can of beer in the cup holder. He then had Gutierrez Jr. exit the vehicle and could smell the odor of intoxicants coming form his person. He tried to get a breath sample from Gutierrez Jr. but instead of blowing as instructed, he tried to suck the PBT straw or would refuse to blow at all.
Johnson said that Gutierrez Jr. finally provided a good sample that showed a result of .153. He then began field sobriety tests. Gutierrez Jr., Johnson said, could not follow instructions and was moving his head and was not watching the officer's finger as instructed. In a second test, Gutierrez Jr. showed clues of intoxication by losing balance during instructions, starting before being told to, stopping to regain his balance, not stepping heel to toe, stepping off the line, using his arms for balance, making an improper turn, and taking the wrong number of steps.
"He was taking 19 steps one way and 15 back," Johnson wrote.
The last test was the one leg stand and during this, Gutierrez Jr. showed clues on intoxication by swaying to maintain balance, raising his arms for balance, hopping off balance and putting his foot down.
Gutierrez Jr. was then taken into custody for suspicion of DWI and transported to the Sevier County Jail where he was read his DWI rights and was able to give two good samples on the intoximeter, showing a BAC of .206. Gutierrez Jr.was then turned over to the jail staff for processing for DWI.