Jason Shirley Defense Begins

May 30, 2008 7:58:50 PM PDT
A Former Fresno State athlete is fighting back in a court room against DUI charges. Jason Shirley is a big man 6'5", 340 pounds. His size became the center of testimony. In October, Shirley took a breathalyzer test the night he slammed into an apartment complex. Investigators said he was drunk and fled the scene. According to police, Shirley took two tests. The first time he blew a 0.12. A second try 0.11. The legal limit for a driver in California is 0.08

Defense attorney Charles Magill claimed the breathalyzer test was flawed. He said, "Basically what happened here when the officer presented the test to Jason Shirley, he covered the exit port and got the wrong result."

Magill said the future NFL player was not intoxicated that night. A prosecution expert witness testified in order to reach 0.12 a man Shirley's size would have had to consume 10 to 11, 12 ounce beers. Magill called it an outrageous amount of alcohol to drink in an hour, "That's a lot of alcohol a gallon. A gallon of beer is what he would have to drink to get to a blood alcohol 0.11? 0.12. That's unreasonable."

Magill said his client was in class just an hour before the crash and could not have consumed so much alcohol. Jason Shirley is expected to testify on Tuesday. Soon after, the jury should begin deliberating. A guilty verdict could impact Shirley's NFL career.