District of Columbia Council Member Marion Barry scored within the legal limit on a breathalyzer test despite appearing too impaired to drive, according to a U.S. Secret Service police officer who testified during the first day of the former mayor’s trial for driving under the influence.

The 71-year-old wearing a charcoal gray suit, powder blue shirt and red paisley tie, appeared confident at the defendant’s table, occasionally whispering to his lawyer Frederick Cooke while Cooke cross-examined witnesses. Barry is also accused of misuse of license plates and operating an unregistered vehicle. The trial will resume today.