Category: DUI Case Results

Driver stopped at OUI Sobriety Checkpoint/Roadblock. Driver admits to drinking before leaving downtown bar, but she does reasonable well on field sobriety tests. Post arrest breath test .19 BrAC excluded by Defense challenge to scientific reliability of Draeger Alcotest 9510 machine. OUI Charge dismissed by Court when Prosecution is unable to go forward with necessary witness at trial.

Police stop vehicle for marked lanes violations. Police note driver’s slurred speech, glassy/bloodshot eyes and odor of alcohol. Driver admits to drinking at friend’s house while they cleared brush. Open container found in console. Arrest follows field sobriety tests. Breach test .14 excluded by defense challenge to scientific reliability of Draeger Alcotest 9510 machine. At trial defense challenges validity of field sobriety tests given on grade of hill with driver complaining of flashing lights effecting his vision. Not Guilty Verdict following trial. Lifetime Lookback effect of Melanie’s Law avoided for this subsequent offender.

Police respond to single car crash with vehicle off into woods against rock wall. Driver admits to drinking earlier and submits to field sobriety tests. Post arrest breath test .12 BrAC excluded by defense challenge to scientific validity of Draeger Alcotest 9510. Booking video used at trial to show defendant’s condition following arrest. Not Guilty Verdict following trial.

Driver stopped for speeding and almost striking crosswalk cone. Officer notes odor of alcohol and odor of marijuana. Underage driver submits to field sobriety tests. Post arrest breath test .09 BrAC excluded by defense challenge to scientific validity of Draeger Alcotest 9510. Not Guilty Verdict following trial.

Police stop driver for displaying “extremely bright headlights.” Driver appears to have slurred speech, glassy/bloodshot eyes and an odor of alcohol emanating from his breath. Arrest follows standardized field sobriety tests. Defense prepared to challenge legality of initial vehicle seizure/stop with Motion to Suppress. DWI charge dismissed by agreement prior to trial.

Police respond to report of single car rollover accident in late afternoon. Driver is found in house of responding neighbor using the bathroom. He is led outside for field sobriety tests in the driveway of that house. Police allege he does poorly on standardized filed sobriety tests and his post arrest breath test is .09 BrAC. Defense excludes breath test evidence prior to trial. Defense focuses cross exam on location of field sobriety tests following an accident in the midst of several police, emergency personnel and civilian witnesses. Defense also able to contrast the various descriptions of the driver’s appearance from police and civilians where signs of impairment vary greatly. Not Guilty verdict following jury trial.

Police stop driver/client at 2:00 a.m. for taking turn without signaling against do not enter sign into fast food restaurant. Police allege driver is slow to produce documents, emits odor of alcohol, slurs his words and has difficulty with walk and turn, one leg stand and alphabet tests. Post arrest breath test reading is .13 BrAC. Defense excludes breath test evidence as scientifically unreliable prior to trial. At trial defense utilizes booking video that show client as coherent, steady with clear speech. Not Guilty verdict following jury trial.

Police Officer alleges driver passes by his parked location at a high rate of speed in the early morning hours. The Officer follows the client’s car for nearly ¾ mile without activating emergency lights and watches driver pull into gas station pumps. Police maintain visual contact with driver from across street as he pumps gas, enters and exits store, and meets with friends in parking lot. Finally, police approach and make contact and allege driver is unsteady, smells of alcohol and slurs his words. Driver refuses to participate in field sobriety tests, which is his right. Driver arrested and transported to station where he refuses breath test. Defense files Motion to Suppress to argue Police lacked legal grounds to approach, seize and arrest the defendant, given the passage of time since the alleged speeding violation. DWI charge dismissed by negotiated agreement prior to trial.

Police respond to call of hit and run accident where driver allegedly left scene of low speed rear end collision. Police find client driver a short distance from minor accident pulled to side of road. Driver admits to having two drinks at Mall while Christmas shopping. His eyes are red and glassy and he emits odor of alcohol. His speech is not slurred. Driver fails Horizontal Gaze Nystagmus Test and Walk and Turn but passes One Leg Stand. Defense files Motions to Suppress certain statements and to Challenge Search of Vehicle which disclosed Marijuana and open alcohol containers. DWI charge dismissed by negotiated agreement prior to trial. Previous six (6) month Administrative License Suspension (ALS) based on breath test refusal was vacated for lack for prosecution.

Police stop driver late at night because she is having difficulty maintaining lane control. The officer notes the driver emits an odor of alcohol and appears with red/glassy eyes. The driver consents to standardized field sobriety tests and is arrested. She misunderstands the implied consent process and refuses a breath test, incorrectly believing she will be entitled to a blood test which she feels is more accurate. Defendant/driver is prepared to testify that she was not impaired, but only extremely fatigued at the end of a grueling work week and recovering from the flu at the time of the stop. She informed the arresting officer of her condition at the time of the stop. DWI charge dismissed by negotiated agreement prior to trial.