Disabled driver falsely accused of drunk driving

Disabled driver falsely accused of drunk driving

By KOMO Staff

OLYMPIA, Wash. -- The breathalyzer caught no scent of alcohol and the blood test came back negative, but a Tenino man was still arrested under suspicion of DUI.

It wasn't that Ryan Dinsmore was drunk. He suffered a traumatic brain injury nine years ago and as a result, slurs his speech.

Dinsmore has no trouble driving. The only problem he's had behind the wheel was in an Olympia parking lot in March. Dinsmore stopped to ask a police officer directions to the jail.

The officer heard Dinsmore's slurred speech and called in a drug recognition expert.

"The first words out of her mouth were 'you want to go to jail? We can arrange for you to go to jail.' That was the first thing she said to me," said Dinsmore.

Over the next four hours, the specially-trained officer put him through a number of tests.

Dinsmore was given the breathalyzer test. It registered at 0.0. He had lights shined in his eyes. A blood sample was taken from him.

Dinsmore showed the officer his scar, and tried to explain.

"I wasn't intoxicated in any way," he said.

But in the end, the officer still believed Dinsmore was drunk behind the wheel.

"Based on what he (the specially-trained officer) was seeing and what information he was being given verbally, he felt the same way -- 'I can't let this guy drive,'" said police spokesman Sgt. Jim Partin.

"Saying that he's an expert, that's a joke," said Dinsmore.

According to the Washington State Patrol, drug recognition experts aren't trained to recognize brain injuries. They're only taught to spot illegal drugs and medical emergencies.

"It's unfortunate that it occurred, but in the end, we have the right outcome. That person isn't charged with anything," said Partin.

Dinsmore wants an apology. He also wants better training, not just for his sake but for the next person who is falsely accused of a DUI due to a disability.

"I'm not sure how prominent it is, but I am sure there's more than one person who got clocked in the head," he said.

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