Category: DUI Case Results

NH driver stopped by NH police for a stop sign violation. Driver tells the officer he was unfamiliar with the area and admitted to drinking 3 beers. Officer notes odor of alcohol emanating from vehicle with passenger admitting to drinking as well. Without noting any other indicators of alcohol impairment the Officer requests the driver exit the vehicle for field sobriety tests. Driver is arrested and later submits to .11 BrAC Breath Test. Defense files and is prepared to argue Motion to Suppress detailing officer’s lack of reasonable articulable suspicion that driver was impaired and grounds to prolong detention and request exit for field sobriety tests. DWI charge dismissed prior to trial and hearing on Motion to Suppress.

Police respond to scene of collision where driver struck parked vehicle and then drove short distance down road before stopping. Responding officers note odor of alcohol, slurred speech and that driver is unsteady on his feet. Despite heavy vehicle damage from impact driver refuses medical attention. He further refuses to answer questions or to participated in field sobriety tests and a post arrest breath test. After he is released the driver is examined and diagnosed with concussion. Evidence of refusal and silence are inadmissible at trial in Massachusetts. Defense utilizes Emergency Room Medical Doctor as expert witness to describe symptoms and effect of concussion, to include unsteadiness, confusion and amnesia. Not Guilty verdict following trial on OUI Charge.

Police officers respond to local convenience store for report of intoxicated patron that was just involved in minor collision in parking lot. Police find driver in store buying snacks. He is escorted outside where he reluctantly submits to field sobriety tests after initially refusing same. Defense successfully excludes filed sobriety test evidence based on initial refusal and non- consensual participation. Necessary witness to alleged bad driving fails to appear as witness at trial. Insufficient evidence of intoxication, statements regarding refusal of field sobriety tests excluded, prosecutor cannot prove operation. Not Guilty Verdict following trial.

Police find young driver sitting in running vehicle behind closed school building in early morning hours. Officers note an obvious odor of alcohol and bloodshot glassy eyes. Driver is arrested following standard fields sobriety tests and submits to .17 Breath Test during booking process. Defense utilizes booking video to establish violation of pre-breath test observation period. Motion to Exclude Breath Test allowed. Not Guilty Verdict following trial.

Police respond to scene of reported hit and run. Suspect driver is found walking in a nearby parking lot. Police find him mumbling, unkempt and appearing with extremely constricted pupils. Driver fails all field sobriety test but later tests .00 BrAC on breath test. Criminal complaint alleges OUI Drugs Offense. Defense prepared to argue Motion to Dismiss as Prosecutor lacks evidence from a medical professional on any qualified police witness that can state an opinion as to impairment by any controlled substance other than alcohol. OUI charge is dismissed before trial. Lifetime lookback consequences under Melanie’s Law for subsequent offense avoided.

Husband reports to police station to pick up his spouse who has been arrested. Officer notes an odor of alcohol and that the defendant driver admitted to drinking earlier. Police allege driver fails portions of field sobriety tests administered within the custodial area of the station. There is no evidence of erratic or dangerous driving. Driver refused to provide a breath test sample. DWI charge dismissed prior to trial.

Driver stopped by police for marked lanes violations. Although driver does reasonably well on some field sobriety tests his post arrest breath test is .15 BrAC. Defense argues, but loses Motion to Suppress Stop and Arrest. Matter scheduled for trial and Commonwealth witnesses fail to appear for second time. OUI charge dismissed for lack of prosecution.

Driver stopped for weaving and speeding violations. Police allege driver has bloodshot eyes, slurred speech and an odor of alcohol on his breath. The driver refuses to participate in Field Sobriety Testing and he also refuses post arrest breath test.. Lack of evidence results in DWI charge being dismissed prior to trial.

MA Driver Stopped by NH police for speeding but no other erratic operation. Driver admitted to consuming one (1) beer and had a strong odor of alcohol on his breath. After administering Standard Field Sobriety Tests and determining that the driver failed the tests, the officers arrested the driver for Driving While Intoxicated. Suspect submitted to a breath rest, resulting in a 0.13 BAC. Issue with test is the subject’s documented Gastro Esophageal Reflux Disease (GERD). A hiccup or burp can invalidate a breath test. Defense position is that GERD is a constant burp state with stomach vapors carrying alcohol constantly present in airway, even without burp or regurgitation. DWI charge dismissed before trial.

Overnight shift worker stopped mid-morning by police at construction site for failure to signal turn. Officer notes driver is from out of town and he also detects an odor of alcohol from the vehicle and driver’s glassy eyes. After determining that driver is lost and struggling to find correct route home with construction detours Officer offers to retrieve his roadmap and give her directions. When he returns to car he notices the driver is now sobbing. At this point officer begins more intensive questioning that leads to DWI arrest. Defense files Motion to Suppress arguing scope of initial detention was illegally expanded. DWI charge dismissed before trial.