OREGON CITY, Ore. -- A six-person jury couldn't agree Tuesday afternoon whether a local disc jockey, was impaired by a prescription drug when he was stopped by an officer last October.

Les Sarnoff, of KINK radio, went to the Clackamas County Court Tuesday for final arguments in a case of DUII. The case was regarding whether his driving impacted by the prescription sleeping pill Ambien.

After deliberating for three hours, the foreman told the judge they were a hung jury, and they were dismissed.

The 58-year-old Sarnoff has been a fixture on morning drive radio in Portland for more than 20 years. He admitted to the arresting officer and the jury that he had taken the drug but had expected to be home before it took effect.

"The defendant took a gamble that night. He gambled whether he could get home before the Ambien kicked in, and the defendant lost that bet. I’m asking you to find him guilty of DUII," Deputy District Attorney Kimberly Graves said.

In his closing argument, Sarnoff’s attorney said his client was trying to open a bag of chips as he was driving from downtown to his Gresham home.

"The big factor of this is potato chips," defense lawyer Bill Uhle said. "All of a sudden, (the bag) really opens and it’s all over the inside of the car, which is startling when you’re operating a motor vehicle and could cause you to drive off to the side."

The lawyer said Sarnoff had driven almost all the way home without the Ambien noticeably impeding his driving.

But the prosecutor said the driver who called police witnessed dangerous behavior.

"He’s witnessing the car in front of him that runs off the road into the gravel, and then gets into the oncoming traffic," Graves said.

Sarnoff was previously convicted for DUII in Multnomah County in 2004.

The Clackamas County district attorney may choose to seek a new trial, offer a plea to a lesser charge, or drop the case, but that decision has yet to be announced.