Natalie Neysa Alund
May 30, 2011

It wasn’t Kenneth Guyer Jr.’s first time behind the wheel allegedly drunk.

When the 40-year-old man got pulled over in September, it was his third time being stopped on suspicion of driving under the influence.

And law enforcement knew about his 1994 and 2003 DUI convictions.

When a police officer in Benton, Tenn., asked him to take a breath test or consent to a blood draw, he refused. When his case got to court, prosecutors didn’t have enough evidence to charge him as a three-time DUI offender, so the charge was reduced to a lesser, included offense.

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