Another Drunk Driver Convicted at Trial

District Attorney Charme Allen’s DUI Unit prevailed at trial again this week against a driver so intoxicated that he had to pull his vehicle over to the side of the road before he became ill. Jeffrey Douglas Gwinn, 32, was convicted of Driving Under the Influence First Offense. Judge Scott Green set the case for sentencing on April 28.

At trial yesterday, Assistant District Attorney Joe Welker and Acting Assistant District Attorney Hayley Scheer explained to the jury that on July 6, 2014, Knox County Sheriff’s Office Officer Mitchell Crowe observed a car parked on the entrance ramp to Interstate 40 near Midway Road. As Ofc. Crowe approached the vehicle, he noticed the driver’s side of the car was covered in vomit. Gwinn was sitting in the driver’s seat of the running vehicle and was also covered in vomit. Ofc. Crowe smelled alcohol on Gwinn who admitted drinking but could not remember the quantity or type of alcohol he had consumed. Gwinn was unsteady on his feet and failed field sobriety tests, but he refused a blood alcohol test. At trial, Gwinn argued that because Ofc. Crowe’s cruiser was not equipped with a video camera, Gwinn’s intoxication could not be proven beyond a reasonable doubt. The cruiser did not have a camera because the Sheriff’s Office was transitioning from cruiser cameras to body cameras during the time of the offense. Despite the lack of video, the jury credited the testimony of Ofc. Crowe and found Gwinn guilty-as-charged.

“There is no excuse for impaired driving because there are so many alternatives,” said DA Allen.”Designating a driver, calling a cab, or using Uber can prevent impaired driving and the often deadly consequences that come with it.”

DUI First Offense carries a sentence of eleven months and twenty-nine days with a minimum punishment of forty-eight hours in jail. Additionally, an offender must attend and complete a DUI School, complete twenty-four hours of litter pickup, and their driver’s license is revoked for one year. Because Gwinn’s clear intoxcation posed such a great risk to other motorists, prosecutors will ask for an enhanced sentence with additional jail time.

If you have any questions, please contact Sean McDermott at 865-215-2515 or Sean.McDermott@knoxcounty.org. For more information about the District Attorney’s Office, visit our website at dag.knoxcountytn.gov and follow us on Facebook and Twitter.