Court records show 59-year-old Danniel Weaver passed three of the four DUI test's given to her but she failed to stand on one leg for 30 seconds.
Guidelines say the one leg stand test should not be done on people over 60 years old.
The judge says because Weaver is close to that age and she had just been in a car accident, the results are unreliable.
NEWS BY LOCATION | ABC30 BLOGS | DISCUSSION FORUMSBECOME A FAN ON FACEBOOK | FOLLOW ABC30 ON TWITTER