Man Who Drank After Accident Acquitted of DWI His defense: He needed alcohol to keep warm while stranded By Evann Gastaldo, Newser Staff Suggested by Slurge Posted Nov 30, 2010 11:11 AM CST 18 comments Comments In this May 25, 2005 file photo, bottles of Jack Daniel's, center, Korbel Brandy, left, and Woodford Reserve are shown in Milwaukee. (AP Photo/Morry Gash, file) (Newser) – A Missouri man was acquitted of drunk driving charges … because, he argued, he got drunk after, not before, his accident. Thomas Drummond claims he was out with friends on the February night in question when bad weather forced him to take a different route home. He missed a turn on the icy road, but when trying to turn around, drove into a culvert. It was at that point, while stranded for more than two hours and with a dying phone battery, that he began drinking the brandy he just happened to have in his car from a shopping expedition earlier that day ... to stay toasty. Drummond was found by police, unresponsive, with a blood alcohol content of 0.148, the Southeast Missourian reports. "It was the day before the Super Bowl," his attorney explains. "It was 32 degrees or colder out and he had brandy in the car, so he kept warm."