After attending a Holiday Party, Mark W. Garka's Client was arrested for a DUI. He failed the Field Sobriety Tests and he was then arrested for a DUI. Subsequently, he refused to give a sample of his breath at the police station. After negotiations with the State Prosecuting Attorney, the State offered Mark W. Garka's Client a no test DUI. The Client refused this offer and opted to go to a Jury Trial. After nearly a dozen attempts to set this case for Trial, 6 Jurors finally heard this case. Having heard all of the evidence they concluded that Mark W. Garka's Client was NOT GUILTY of Driving Under the Influence. Mark W. Garka's defense was that his Client was exhausted and not impaired. The Jury concurred and found Mark W. Garka's Client not guilty of a DUI.