Category: DUI Case Results

Police respond to scene of one car accident. Client accused of drunk driving is injured and bleeding from head wound. Police detect odor of alcohol while client is treated in ambulance. Unopened alcohol bottle found in wrecked car. At hospital client refuses to submit to requested blood test. Defense prepared to argue lack of evidence of impairment. DWI Charge dismissed prior to trial.

Client stops at construction barrier to speak to police officer working detail. Client engages officer in conversation stating he must drive up road closed to traffic to get to his home. Officer notes odor of alcohol and unusual pupil dilation. Accused drunk driver denies drinking and states he is coming from work. Detail officer calls in second police unit who respond and arrest client when he refuses to participate in field sobriety tests. Defense prepared to utilize booking video to show lack of impairment. Police testify that observations led to opinion that driver “had consumed some alcohol.” Not guilty verdict following trial

Client stopped on highway for speeding and failure to signal lane change. Police note that driver passes both one-leg stand and walk and turn test but he is arrested based on driving an admission to drinking. Post arrest breath test result .14 BrAC. Defense prepared to challenge accuracy and reliability of breath test. Government unable to proceed with necessary witnesses despite multiple trial dates. OUI Charge dismissed.

Police follow alleged drunk driver’s vehicle for over one (1) mile as it proceeds at normal speed on divided roadway. At point in road where lanes widen to allow left turn only at traffic light client’s driver side wheels cross solid white line dividing left turn only lane from main lane of travel. After proceeding through intersection car’s driver’s side tires touch on, but not over, divided yellow line. Court allows defense Motion to Suppress ruling police lacked reasonable basis for initial traffic stop. DWI Charge Dismissed.

Client is involved in minor rear end traffic accident driving home in early morning following late night shift as bartender. Police allege client fails field sobriety tests and insists other driver was drinking, despite hour of the day, 8:30 a.m. Government unable to present necessary witnesses to prove case on second trial date. OUI charge dismissed.

Client is stopped by police for illegal u-turn. Following field sobriety tests driver arrested and later submits to breath test with .12 BrAC result. Defense prepares case for initial trial, but unable to select impartial jury panel due to issues in case, including clients admitted use of prescription drugs. Government unable to present necessary witnesses at next two (2) scheduled trial dates. OUI charge dismissed for lack of prosecution.

Police respond to scene of single car accident. Witnesses responding to scene cannot place client behind wheel as driver. Police note alleged DUI perpetrator’s slurred speech, odor of alcohol and unsteadiness. Client refuses medical attention and is arrested for OUI following field sobriety tests. Government cannot corroborate client’s admission that he was actual driver of car. Not guilty verdict at trial.

Citizen cell phone caller reports single car accident with vehicle weaving all over road before striking tree head on. Police note an odor of alcohol on driver who is transported from scene via ambulance. Alcohol containers found in passenger compartment of car. Defense excludes use of driver’s medical records at trial. Not guilty verdict entered at close of government’s case.

Alleged drunk driver returns to jurisdiction after being absent for years on charge of DWI and Bail Jumping. Defense does not concede facts of original DWI arrest. Government unable to proceed on facts of DWI case given passage of time. DWI Charge is dismissed prior to trial.

Police respond to report of domestic violence incident. Client spends at least thirty (30) minutes with police describing incident involving her estranged husband. When client leaves scene to return home to check on her children she is met by same police and arrested for DWI. Defense obtains dismissal of NH drunk driving case prior to trial.