Category: DUI Case Results

Police officer stops a vehicle due to a defective driver’s side tail light. Upon making contact with the driver, the officer immediately notices the odor of alcohol coming from the driver’s breath. Officer begins to perform field sobriety tests, and at the conclusion of the tests the officer makes the arrest. Subsequent breath testing and blood testing just below legal limit. DWI charge dismissed prior to trial.

Police begin to follow a vehicle after observing the driver turn without using a directional signal. The officers then observe more erratic driving and pull the vehicle over. Officer notes a distinct odor of alcohol and behavior consistent with someone under the influence. Field sobriety tests are conducted, results lead to an arrest. Post arrest breath tests result .15. Defense files motions to exclude the breath test and dismiss criminal complaints due to loss or destruction of exculpatory evidence. DWI charge dismissed prior to trial.

Police begin to follow a vehicle on the highway after observing inconsistent speed changes and erratic driving. The officer pulled the vehicle over shortly after the driver left the exit ramp. The officer notes a strong smell of alcohol and strange behavior by the driver. The officer also sighted an opened alcoholic beverage in the cup holder. The officer begins standard field sobriety tests but driver refuses to submit to all requested tests. Defense limits testimony regarding refusal of field sobriety test. Not guilty verdict following jury trial.

Police respond to a report car crash; a driver had lost control of their vehicle and hit a tree on the side of the road. Police find the vehicle and the driver who had sustained a minor lip injury in the crash. The officers note the odor of alcohol on the driver’s breath; driver admits to having a few beers earlier that night, open containers found in vehicle. It was determined that due to the driver’s injuries field sobriety tests would be unreliable. The officers determined that based on their initial findings, the driver’s ability to operate a motor vehicle safely was impaired by alcohol. The officers placed the driver under arrest and accompanied him to the hospital for treatment of his injuries. Defense utilizes emergency room records to contradict police opinion of intoxication. Not guilty verdict following jury trial.

Driver is stopped at a sobriety checkpoint by police officers. Officers note that the driver has slurred speech, glassy and bloodshot eyes, and that the odor of alcohol is present. Officers perform field sobriety tests on the driver, results lead to an arrest. Defense calls independent witnesses who were working with the defendant immediately prior to his arrest. Not guilty verdict following jury trial.

Police respond to a call of a minor two car accident in a parking lot. The officer on scene found that a driver attempting to depart from the lot hit a properly parked vehicle on her way out. After speaking to the owner of the parked vehicle, the officer began to speak to driver at fault and noted the smell of alcohol on her breath. Defendant admits to drinking one beverage, later admits to having drank two margaritas. After performing field sobriety tests the officer placed the driver under arrest.. Defense utilizes booking video and history of lower back injuries to challenge officer’s opinion regarding intoxication and suitability for field sobriety testing. DWI charge dismissed prior to trial.

Police respond to a call of a single car accident labeled as a vehicle over the embankment. Officers find the driver unharmed but behaving strangely. They note a strong smell of alcohol coming from the driver’s breath and the individual’s noticeable struggle to answer their questions. After conducting field sobriety tests, the officers made the arrest. Defense prepared to argue that stop investigation and arrest took place outside arresting officer’s jurisdiction. DWI charge dismissed prior to trial.

Police respond to a report of a motor vehicle collision involving two cars. The officers arrive on scene and determine that the driver who was hit was rear ended by a second driver. After talking to the second driver, the driver and her vehicle were towed. After dealing with the first driver, the officers met up with the second driver at the location she was towed to. They notice the odor of alcohol on her breath and that her eyes are droopy and glassy in appearance. After conducting field sobriety tests, the officers make the arrest. Defense challenges opinion regarding intoxication based on initial police contact at scene of incident having gone without arrest or DWI investigation. DWI charge dismissed prior to trial.

Police respond to a report of a motor vehicle collision involving a car and a trailer attached to another car. After obtaining accident details from the trailer owner, the police begin to question the other driver and notice slurred speech and the odor of alcohol on his breath. After conducting field sobriety tests, the officers arrest the driver. At trial government cannot establish time of accident without independent civilian witnesses. Not guilty verdict following trial.

Police respond to a report of a motor vehicle collision involving three cars. Police begin questioning the driver of the vehicle that caused the crash, noting that his eyes were glassy and that there was a distinct odor of alcohol on his breath. They proceed to conduct field sobriety tests leading to the driver’s arrest. Defense focuses on conflicting identification evidence and statements provided to police by multiple on scene witnesses. DWI charge dismissed prior to trial.