Hilliard ‘extremely intoxicated,’ almost 3 times the limit, report says

TILTON — Merrimack County Sheriff Scott Hilliard’s blood alcohol level was almost three times the legal limit when he was arrested back in August.

Hilliard’s breath alcohol content was .216, according to a breath test administered just prior to his arrest on the early evening of Aug. 9, leading to charges of aggravated DWI and three other charges, according to the official Tilton Police Department report of the case.

Anyone with a blood alcohol level of .08 or higher is considered legally intoxicated under New Hampshire law.

The Laconia Daily Sun obtained the report through a Right-To-Know request filed with the department.

In a 10-page single-spaced narrative, Tilton Police Sgt. Bryan Kydd-Keeler said he arrested Hilliard after the sheriff clearly exhibited signs of serious intoxication, including failing all phases of a field sobriety test.

“... his eyes were glassy, bloodshot, and his face was flush red. … his speech appeared to be mumbled and slow. … [he had] a distinct odor of an alcoholic beverage emanating from his person. … his body slightly rock[ed] back and forth,” Kydd-Keeler reported of his observations about Hilliard.

During the field sobriety test, Hilliard’s eyes were making repetitive, uncontrolled movements, he could not walk heel-to-toe without losing his balance, and could not stand on one leg for more than a few seconds.

Kydd-Keeler characterized Hilliard as being “extremely intoxicated,” his report states.

Tilton police were first alerted when a motorist following a car on Route 140 reported that it was “all over the road.” The motorist followed the car as it turned onto Route 3 and then turned off the highway at the entrance to Home Depot and the 99 Restaurant.

When the first Tilton police officers arrived on the scene five minutes later, Hilliard was walking out of the restaurant with a food take-out order.

Patrolman Jeremiah Trott reported that Hilliard said he had driven the car to the restaurant, an admission he later denied making when questioned by Kydd-Keeler, who arrived on the scene about 20 minutes after Trott, and then took charge of the investigation.

The interactions between Hilliard and Trott and Kydd-Keeler were recorded by the respective officers’ body cameras, the report states.

When asked if he had been drinking that day, Hilliard told Kydd-Keeler he had drunk “four Tito’s Vodka with club soda and lemon” since 2 p.m. — 4½ hours before. In addition, there was a fresh drink in the car console, which was also a Tito’s and soda, Hilliard told the officer.

After the field sobriety test had been administered and Hilliard had voluntarily submitted to the breath test, Hilliard’s wife arrived.

“Once she was there I explained what was going on, to which [she] did not appear to be surprised about,” Kydd-Keeler wrote in his report. When he informed Hilliard’s wife that her husband was about to be arrested for aggravated driving while intoxicated, she “stated she understood and would travel down to the police department to take custody of [her husband] once he was released.”

Hilliard was taken by police cruiser to Franklin Regional Hospital where a sample of his blood was drawn for evidence. He was then taken to the Tilton Police Station where he was booked and released on his own recognizance, into his wife’s custody.

Hilliard is trying to have the case thrown out on the grounds that police had no justifiable grounds to arrest him. A motion filed by his attorney argues that, because officers never saw the seven-term sheriff behind the wheel and because his wife was available to drive him home, they had no justifying grounds to arrest him, and therefore any evidence police obtained is inadmissible.

“The police had no authority to make an arrest, and all evidence that follows the arrest should be suppressed,” states the motion filed by attorney Jared Bedrick.

In addition to the aggravated DWI charge, Hilliard stands accused of two alternate charges of DWI, as well as a charge of having an open container of alcoholic beverage in an automobile.

Hilliard issued a statement last month, admitting he has had a longstanding drinking problem and was receiving counseling to deal with the issue.