A man who said he only had two beers with eggs for breakfast and two more for dinner blew a .087 after he was stopped in Linton late one night last week. The legal limit is .08 so a .087 test result was enough to give him an OVWI and a trip to jail.

Terry Wayne Simmons 2021-08-05.jpg — Terry Wayne Simmons

Terry Wayne Simmons, 60, Linton, was arrested by Deputy William C. Walker of the Greene County Sheriff’s Department early last Thursday, August 5.

Simmons was the driver of a blue 1998 Ford Explorer that was stopped at 12:22 a.m. in the area of West Base Road and 4th Street SE in Linton by Deputy Walker for failure to signal a turn.

Simmons didn’t have his driver’s license with him – it was at home, but a records check showed he had a valid driver’s license and was not wanted on any warrants. Deputy Walker reported Simmons showed signs of impairment during the stop.

Simmons allegedly failed standard field sobriety testing both on the scene and then later at the Linton Police Department. He agreed to take a certified chemical test and Deputy Walker reported results showed he had a breath alcohol concentration of .087. The legal limit is .08.

When asked if he’d been drinking, Simmons allegedly said he had two beers with eggs for breakfast and two with his dinner for a total of four that day. He also said he was on his way to the Palace when he was stopped.

Linton Police Officer Alan Jackson and GCSD Deputy Devan Goad assisted on the scene.

Simmons was transported and booked into the Greene County Jail at 2:16 a.m. with bond set at $4,000 surety with ten percent cash allowed. He posted $400 and was released later the same day.

Simmons is scheduled to appear in Greene Superior Court on Thursday, August 12, for an initial hearing when he will be formally charged with operating a vehicle while intoxicated, a Class C misdemeanor, and operating a vehicle with an alcohol concentration equivalent to at least .08 but less than .15, a Class C misdemeanor.