Here's more from Taylor's lawyer.
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TUSCALOOSA — Suspended Alabama senior offensive guard Alphonse Taylor didn’t have had any alcohol in his system when he was arrested July 17, and his lawyer believes a head injury may have contributed to his “lethargic” state at the time of his DUI arrest earlier this month.
Taylor registered a 0.00 blood-alcohol content (BAC) during a state-sanctioned breath test at around 9:20 a.m., within 30 minutes of his July 17 arrest after being involved in a car accident in which he hit a parked vehicle inside The Woodlands apartment complex, according to the arrest report obtained through an open records request.
“Anytime you have a .00 blood-alcohol (level) and there’s not a long time period between the arrest and the time of the test, it raises an eyebrow,” Taylor’s attorney, Jason Neff, said Friday. “What compounds this situation is we have a traffic accident in which (Taylor) hit his head on the steering wheel. … As we look forward, it’s going to be difficult for the city to establish that there’s enough evidence here (to prosecute for DUI).”
Taylor, 22, has been indefinitely suspended by Alabama head coach Nick Saban after he was charged with two misdemeanor counts of driving under the influence and leaving the scene of an accident July 17. Taylor's secondary charge resulted after it was determined he also was involved in a previous accident inside The Woodlands apartment complex earlier that morning.
Taylor has an initial court hearing set for 1:30 p.m. Monday, but Neff, a longtime Tuscaloosa-area DUI attorney who has previously defended Alabama football players, expects the court will agree to move the initial hearing to another date in the future.
Despite the absence of alcohol in Taylor’s system, Tuscaloosa Police Captain Brad Mason indicated there could be other reasons for his impairment that could also result in a DUI arrest.
“The DUI statue in Alabama allows for a DUI arrest to be made based on different circumstances,” Cpt. Mason said. “The two circumstances that are common for most legal drinking-age adults are under the influence of alcohol or under the influence of another substance other than alcohol that could impair the driving.”
According to the arrest report and additional DUI field notes, a shoeless Taylor was found reclined behind the wheel of his 2002 Chevrolet Tahoe after allegedly hitting another vehicle in The Woodlands parking lot.
The responding Tuscaloosa Police officer spoke to Taylor and found his speech to be “slow and slurred” and his movements “very lethargic.” Taylor denied using any alcohol or other medications and said he had no medical condition that might have contributed to the accident.
The 6-foot-6, 330-pound Taylor complained of a cut to his leg but “refused medical treatment” according to the report, but was still attended to by medical personnel at the scene, according to Cpt. Mason.
While speaking with the officer, Taylor dropped his phone between his feet and “struggled and swayed” to retrieve it. Taylor then went through a battery of field sobriety tests during which he performed poorly, according to the reports, including taking 10 and 14 steps on the a nine-step walk-and-turn test during which he failed to keep his balance and started too soon.
On the field notes, the officer checked boxes that indicated Taylor was “indifferent” but “cooperative” during the arrest, while appearing “carefree” and “sleepy.” Taylor also reportedly needed support exiting his vehicle and was unsteady and swaying while standing.
Once back at the police station, Taylor’s state-sponsored “breath alcohol anaylsis” indicated a 0.00-gram/210-liter reading, revealing no alcohol in his system.
There were no additional tests conducted on Taylor during his processing, according to sources, meaning no blood tests could be used to determine if there was anything else in his system that could have led to his “lethargic” state.
“I trust the officer’s judgment at the time, he was out there not me, but you look back at it now and you think, ‘Oh well, maybe there’s not enough evidence to convict,’” Neff said. “The level needed to make the arrest for probable cause is much lower than in a trial when you have to meet the burden of reasonable doubt.”
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