A judge has declared a mistrial in a murder case after one of the defense attorneys was arrested on his way to court on suspicion of driving while intoxicated.

District Judge John Miller declared a mistrial Thursday, halfway through jury selection and ordered attorney Bryan Simmons to pay the county $318 for potential jury members.

Simmons was taken into custody Tuesday after a car wreck near New Boston. The results of his blood test won't be known for several weeks.

He denies being under the influence of alcohol or illegal drugs, saying he lost control of his car during a sneezing fit brought on by allergies and black pepper sprinkled on catfish he had just eaten.

Simmons apologized to the court, his law partner, his client and the murder victim's family.