Category: DUI Case Results

Police called to scene of disabled pick-up truck by tow truck operator. Tow operator believes owner of vehicle is impaired by alcohol. Police find several empty beer cans in and around the truck. The driver denies drinking anything until he had to sit and wait over one (1) hour for the tow truck to arrive. Driver submits to field sobriety tests and fails all tests. He later refuses the breath test. Defense prepared to argue State cannot prove operation and impairment by alcohol at the time of operation. DWI charge dismissed prior to trial.

Police stop alleged drunk driver for speeding violation after watching him drive from parking lot of local tavern. Defense challenges arresting officer’s version of roadside encounter with driver and sequence of field sobriety testing. Client testifies as to his version of events, including operation, alcohol consumption, and roadside encounter with police. Not guilty verdict following trial.

Alleged drunk driver is stopped on early morning hours of New Year’s day by police officer working special OUI “over the limit/under arrest” detail. Police allege woman ran a red light entering traffic square and then proceeded to fail standard field sobriety tests. Defense challenges validity of field sobriety tests given location on busy highway on-ramp coupled with wet, snowy road conditions. Defense calls client’s friend who spent the entire afternoon, evening and early morning hours with her to counter the police opinion that she was impaired by alcohol and unsafe to drive. Not guilty verdict following trial.

Alleged drunk driver stopped by police for speeding violation. Arresting officer notes odor of alcohol and glassy/bloodshot eyes. Driver participates in numerous filed sobriety tests with partial success before complaining of shortness of breath and chest pains. Medical technicians called to scene but driver refuses treatment. Defense argues nervousness and fear caused anxiety attack at roadside. Once calmed down the driver showed little indicia of impairment and his driving was unremarkable other than a mere speeding violation. Not guilty verdict following trial.

Police stop alleged drunk driver for operating at night without headlights illuminated. Driver attempts field sobriety tests after removing 4 inch heels. Defense challenges validity of tests while suspect bare-footed at roadside in cold temperatures. Prosecution seeks to admit driver’s post-arrest admission to taking several prescribed medications in combination with .06 BrAC breath test results to prove impairment by combination of alcohol and drugs. Defense excludes post-arrest admission to drug/alcohol combination in violation of Miranda warnings. Not guilty verdict following trial.

Police stop alleged drunk driver for failure to yield to oncoming police cruiser while making left hand turn. Numerous field sobriety tests and statements of driver are excluded by defense with pre-trial motions to suppress based on client’s actual stated refusal of same test due to physical limitations. Defense utilizes driver’s extensive medical records documenting vertigo, lower back and knee injuries to counter government’s allegation that driver exhibited signs of impairment on remaining field sobriety tests. Client’s testimony is key to countering police allegation of alcohol impairment. Not guilty verdict following trial.

Police pull over vehicle after noticing driver fails to proceed through traffic signal immediately when light turns green. Driver refuses to participate in field sobriety tests and becomes angry when asked to step from vehicle. Prosecution unable to produce necessary police witness at trial. OUI charge dismissed.

Alleged drunk driver stopped by police on highway for speeding violation. Driver admits to drinking “a few beers” several hours earlier. Driver’s performance on standard field sobriety tests are alleged to be indicative of impairment. Driver’s physical limitations effect validity of field sobriety tests. DWI charge dismissed.

Police stop alleged drunk driver for marked lane violation. Officer notes that driver walks with limp and may have difficulty with standard balance and coordination tests. Defense prepared to offer evidence that operation of vehicle consistent with driver lost and unfamiliar with area. DWI charge dismissed.

Alleged drunk driver stopped by police for speeding violation. Officer detects odor of alcohol on driver’s breath and alleges poor performance on field sobriety tests. Defense prepared to challenge arresting officer’s use of non-standardized field sobriety tests in light of recognized protocol for field sobriety testing. DWI charge dismissed.