Category: DUI Case Results

Police called to home to investigate a young woman in Massachusetts who has knocked on the front door in the early morning hours. She appears distraught, injured and confused as to how she arrived at home. Responding Police find a vehicle crashed approximately .3 miles from the home with items and property belonging to the client inside. The client denies she was the driver at the time of the crash but police surmise no other persons were involved. Police arrest client and charge her with OUI. Post arrest hospital blood draw is .18 blood alcohol level. Defense challenges evidence of client as only possible operator at time of crash. Not guilty verdict following MA OUI trial.

Driver rear-ends another vehicle on roadway while travelling home from Boston. Police arrive to find driver upset and distraught about damage to his vehicle. Operator admits that he consumed “whiskey, wine and beer,” earlier in the evening. Defense prepared to challenge accuracy of post arrest breath test of .11 BrAC, but the evidence is ultimately excluded at trial by the defense. Not guilty verdict following trial on an MA OUI charge.

Police find client asleep behing wheel of car in early morning hours at side of road. Although keys are in the ignition the vehicle is not running. Driver appears to be highly intoxicated but it is unclear how long the car has been parked at this particular location or how the driver arrived there. DWI charge dismissed in this NH drunk driving case.

Massachusetts driver stopped at NH Sobriety checkpoint and ultimately arrested for DWI. Defense sucessfully argues at administrative license suspension (ALS) hearing that police lack reasonable grounds to believe driver was in fact DWI in light of good performance on field sobriety testing. Administrative suspension based on breath test refusal vacated following hearing. NH DWI charge dismissed.

Marine Patrol stops NH boater for failure to display stern light. During safety check officers note slurred speech, odor of alcohol and lethargy. During field sobriety tests on Marine Patrol vessel operator begins to display further signs of impairment and/or an oncoming medical condition. Boater faints and goes unconscious at conclusion of field sobriety testing. Defense sucessfully argues underlying medical condition caused boater to appear impaired and ultimately pass out. Government cannot rule out underlying medical condition as cause of symptoms. Not guilty verdict in this NH DWI charge following trial.

Driver involved in side-swipe collision on narrow rural roadway coming home from wedding. Police investigation at scene leads to OUI arrest. Post arrest breath test of .15 BrAC is challenged by defense as result of gastro-esophogeal reflux disease (G.E.R.D.). Government unable to proceed at time of trial due to missing witnesses, MA OUI charge dismissed in this case.

Operator stopped by police for alleged red light violation. Driver agrees to participate in field sobriety testing but first officer leaves scene before handing off investigation to a second officer who arrives as back-up. Defense prepared to argue validity of initial stop and detention. Government cannot produce necessary witnesses at time of hearing to support legality of the detention and arrest. MA OUI Charge dismissed.

Operator stopped by NH police for speeding violation. Open containers are found at the feet of the passenger and police allege driver displayed odor of alcohol, slurred speech and poor balance and coordination during field sobriety tests. Defense challenges validity of field sobriety in light of driver’s physical disabilities and serious medical conditions, including recent knee surgery. Evidence of breath test refusal countered by driver’s willingness to take blood test which police will not allow. Not guilty verdict in this NH DWI case following trial.

Operator stopped by NH police following 911 cell phone report of erratic driving. Field sobriety tests are completed and police allege poor performance, odor of alcohol, glassy eyes and slurred speech. Post arrest breath test of .14 BrAC is excluded by defense at trial due to government’s failure to produce certifying technician to explain inconsistencies in calibration/certification documentation. Not guilty verdict on NH DWI per se and Under the Influence complaints.

NH Police respond to scene of single car off road into snow bank. Elderly driver tells police he as forced off road by errant snow plow. Police do not note any signs of impairment while speaking with the driver and making arrangements for a tow truck. Several minutes later the driver approaches the officer conducting traffic control to complain about the cost of the tow. Only during this third conversation does the officer not an odor of alcohol and that the elderly driver walks with an obvious limp. When questioned the driver admits to having one vodka drink in a goblet sized glass one (1) hour earlier at a friend’s house. The officer requests that the driver stay on scene to complete field sobriety tests which he fails. Post arrest breath test results are .12 BrAC and .11 BrAC. Defense files and argues Motion to Suppress alleging Police did not have reasonable articulable suspicion to detain driver and insist that he participate in field sobriety tests under both article 19 of the New Hampshire Constitution and the Fourth Amendment of the United States Constitution. Defense Motion to Suppress granted, NH DWI charges dismissed.