Sometimes, if you know what you’re doing, you can get a great result on a DUI Defense case without going the whole way to a not guilty verdict at trial. It certainly helps if you can try a case to verdict as well. A recent week from September 2025 is a perfect example.
On a Monday I appear for trial in Worcester County for a Massachusetts OUI 1st offense for a nice lady from Florida. She flies up just for the trial date. I admit, it was a scramble trying to determine what if any reciprocal suspension she would suffer back home in Florida based on her MA OUI outcome. Eventually, with some help from my friends, I figure out an admission, with a continuance without a finding (CWOF) and/or a guilty finding are treated the same in Florida with a lengthy reciprocal suspension and even an Ignition Interlock Device (IID). I was prepared for trial. My staff reviewed and outlined every minute of body worn camera (BWC) video and provided me with the critical admissible clips for trial. I thought my client needed to testify to prevail. To her credit, she was ready, willing and able to take the stand. That’s a rarity that you must weigh carefully as a defense lawyer. She did a great job, and it made the difference with a verdict of not guilty.
On Tuesday I appear for trial in a Middlesex County court for a Massachusetts OUI 1st with an admissible .08 breath test result. My new crackerjack associate comes up with the background research and documents from the Office of Alcohol Testing (OAT) to show that this department’s breath test device is haunted, with a history of failed calibration certifications. It helps when defense counsel is the person in the courtroom with the most knowledge of alcohol physiology and how the Draeger Alcotest 9510 works or doesn’t work. It’s not an actual measurement of true blood alcohol at the time of driving. Not guilty verdict following trial.
On Wednesday I appear for trial in another Middlesex County court on a Massachusetts OUI 1st. The trial doesn’t go forward because the Commonwealth will not appeal or contest the Court’s earlier decision allowing the Defendant’s Motion to Suppress Motor Vehicle Stop. The decision came in a couple of weeks before trial. We successfully argued at an evidentiary hearing weeks earlier that the Police Department’s stop and seizure of the client/driver was unconstitutional based on the 911 citizen/cell phone report that his passenger “was highly intoxicated” and “he’s not right either.” An encounter in the parking lot of a local liquor serving establishment prompted the 911 call from the identified concerned citizen, but the call lacked sufficient detail of criminal activity to justify the warrantless stop and seizure of my client while driving. OUI charge dismissed for lack of prosecution which is just as good as a not guilty finding.
On Thursday I appear in Rockingham County NH for a DUI 1st trial. The trial does not go forward and is continued because the Prosecutor did not hand over the booking video as requested. This is a rocket docket court where a bench trial is scheduled only weeks after the arraignment is waived and a not guilty verdict if entered. It’s my opinion that this video will be helpful to the defense and I’m not going to trial without seeing it. Shoot all the bullets you can find. We pick a new trial date and I take the unexpected free afternoon to go home and mow my lawn.
On Friday I resolve a Maine OUI 1st offense for a MA resident after successful completion of a deferred disposition. In Maine a defendant is never convicted of any offense until sentenced by the Court. This deferred disposition on a charged OUI required payment of a supervision fee, a charitable contribution, no use or possession of alcohol and good behavior. On the one-year return date, this Friday, my client obtained the “good outcome” which was an outright dismissal of the OUI without a conviction as she was never sentenced on the OUI. That’s a disposition that will never hit the National Driver Registry or otherwise be reported to the MA RMV as a finding on an OUI. Pretty important outcome if you live in the land of the lifetime lookback.
That’s what a week in the life of this DUI Defense Lawyer looks like.
