Douglas County District Judge Kay Huff is considering arguments presented Wednesday during the bench trial of Julian M. Kuszmaul, of Lawrence, charged in connection with an August 2012 accident that cost a Kansas University student his legs.

Kuszmaul, 24, is charged with refusing to submit to drug or alcohol testing, a second-offense DUI, possession of marijuana and following too closely, all misdemeanors.

A Ford Explorer Kuszmaul was driving during the early-morning hours of Aug. 26, 2012, struck and pinned 18-year-old Colby Liston, now 20, between Kuszmaul’s vehicle and another. The vehicle Liston was standing behind was illegally parked in a driving lane of the 1600 block of Tennessee Street, according to court testimony.

After the accident, Liston’s legs had to be amputated above the knee.

Blood test results, which Huff ruled to suppress in 2013 because the blood draw was taken without Kuszmaul’s consent, showed Kuszmaul had a blood-alcohol content of 0.25 – three times the legal limit of 0.08 – when he struck Liston.

On Wednesday, Lawrence police officer Brett Horner testified that when he responded to the accident he saw Kuszmaul pacing on the sidewalk near the wreck. Kuszmaul “smelled strongly” of alcohol and marijuana, and his eyes were bloodshot and watery, a side effect of smoking marijuana, Horner said.

Horner said he also suspected Kuszmaul had been under the influence because he was showing signs of “mood swings.” He said he heard Kuszmaul yelling expletives and “why was this guy in the middle of the road,” followed by moments of calmness.

Kuszmaul’s attorney, Thomas Bath Jr., argued that Kuszmaul was reacting like many others do after being involved in such a car accident.

“Oftentimes after a wreck, we find drivers are upset,” Bath said. “(The prosecution and police) want to attribute all that to being impaired.”

Horner also testified that a little over a gram and a half of marijuana was discovered in a plastic baggie inside a bookbag in the vehicle that also contained Kuszmaul’s checkbook. Bath argued that he could not be convicted of misdemeanor possession of marijuana based on the location of the marijuana.

“The only thing that’s identifiable to Mr. Kuszmaul is the checkbook,” Bath said. “It was not Mr. Kuszmaul’s car.” The car belonged to his girlfriend.

Lawrence police officer Ronald Ivener testified that he also noticed a “strong smell” of marijuana and alcohol on Kuszmaul as he drove the man to the hospital for testing after the accident. Ivener also said that upon arrival Kuszmaul refused to be tested for substances at the hospital.

His blood was drawn as part of his medical treatment at the hospital, according to court records. That blood was tested, and the result was thrown out by Huff for being without his consent.

Assistant Douglas County District Attorney Andrew Bauch said Kuszmaul’s refusal to be tested implied his guilt of driving under the influence.

“You’ve just crushed a kid, officers want you to take a blood test and you refuse?” Bauch said. “One reason you do that, Judge, is because you know you’ve had too much to drink or smoked marijuana.”

After the closing arguments wrapped up Wednesday afternoon, Huff said she would take the matter “under advisement” and that she would be making findings over the next week. Kuszmaul is to return to court Dec. 18 when Huff will announce her verdict. The case is being tried by a judge because Kuszmaul waived his right to a jury trial.

Because Kuszmual has a prior conviction for DUI, the charge of refusing a test for drugs or alcohol after the August accident could carry a penalty of 90 days to one year in jail, if he is convicted. The law would require him to spend at least five days in jail even if probation is granted. The misdemeanor DUI charge also carries a sentence of up to one year in jail.

Kuszmaul is free on a $1,500 bond.