Category: DUI Case Results

Police respond to area of reported alleged drunk driver pushing disabled motorcycle. Client is tackled to ground while pushing bike on shoulder of road when he doesn’t respond to police verbal commands to stop. Police note odor of alcohol, slurred speech and red, glassy eyes. Client is angry and belligerent when taken into custody for disobeying police. Field sobriety tests are not offered and client angrily refuses to take blood test. Not guilty verdict following trial.

Police respond to report of driver with flat tire in parking lot of fast food establishment. Police arrive and note driver has driven some distance to location with shredded tire. Client admits to drinking two (2) beers at friend’s house and two (2) beers earlier with dinner. Open eighteen pack of beer in trunk is missing just two (2) bottles. Driver accused of drunk driving participates in field sobriety tests but is hindered by large body size and later refuses breath test. Defense obtains dismissal of DWI charge prior to trial.

Police respond to private college campus for report of fight in progress. Client is found sitting in parked car with three (3) friends outside of dormitory in student parking lot. Lot is posted with signage reading “Authorized Student Parking with Sticker Only, All Others Will Be Towed.” Alleged drunk driver is arrested for DWI following completion of investigation of reported fight. Post arrest breath test .14 BrAC. Defense prepared to argue “necessity” defense, as client felt he had to leave scene of fight for his, and his friends’ safety. Defense also challenges government’s ability to prove private parking lot was a “way” for purposes of drunk driving statute. DWI charge dismissed before trial.

Client is stopped for speeding in early morning hours. Officer alleges client’s speech is “slow and deliberate” and there is a moderate odor of alcohol coming from vehicle. Police issue exit order for field sobriety testing. Client is accused of drunk driving and arrested and submits to post arrest breath test of .11 BrAC. Defense utilizes administrative hearing process to build record to challenge both legality of initial detention and accuracy of breath test. Defense files and is prepared to argue Motion to Suppress. DWI charge dismissed before trial.

Client stopped for speeding violation on highway and is arrested for OUI. Post arrest breath test discloses .09 BrAC. Arrest report does not disclose involvement of any other person or driver at scene of arrest. Defense investigation through alleged drunk driver intake reveals second motorist stopped in the breakdown lane at scene of client’s stop, engaged police with requests for directions, and was then arrested at scene for possession charge and transported and booked with client. Defense raises police failure to disclose “two for one” arrest scene or identity of witness. OUI charge dismissed for lack of prosecution.

Client stopped at Roadblock Sobriety Checkpoint. Police allege client failed field sobriety tests and submitted to breath test with result of .14 BrAC. Defense files Motion to Suppress challenging the validity and constitutionality of Police Roadblock as conducted. Court rules government cannot establish police conducted roadblock pursuant to latest and most stringent guidelines. Motion to Suppress granted. OUI Charge Dismissed

Client is stopped on highway for speeding violation. Officer detects odor of alcohol and client admits to two (2) drinks with dinner. Following exit order client refuses to participate in field sobriety tests because they are “tricks” used by police. Defense utilizes booking video to demonstrate client’s appearance and demeanor following arrest. NH drunk driving case dismissed before trial.

Police respond to 911 complaint about vehicle parked on lawn of apartment building. Officer finds client sitting behind wheel of car, keys in ignition, eating McDonalds food. Vehicle is well onto lawn with tire tracks leading back across lawn, over curb and sidewalk into public way. Police allege driver failed field sobriety tests after asking officer if he could “take a piss” before starting. Defense cross exam establishes officer failed to record any other statements made by client during long field interview and that police never investigated possibility that another driver left car on lawn. Not guilty verdict following trial.

Police observe driver exit corvette in front of restaurant/bar at closing time. It appears client is refused entry, returns to car, and according to police, revs engine, spins tires and launches corvette towards front window of tavern stopping just short of crashing through window twice. Client pulled from car where upon he make incriminating statements about driving and drinking. Post arrest breath test .19 BrAC. Defense excludes breath test due to machine error and police violation of sample capture rules. Defense Motion to Suppress all statements also allowed before trial. Not guilty verdict on DWI and Felony Reckless Conduct after trial.

Police respond to 911/citizen report of driver leaving retail store and possibly impaired by alcohol. Police stop driver, who submits to and fails several field sobriety tests. Police initially decide to charge OUI Drugs because Preliminary Breath Test (PBT) discloses only .05 BrAC. Criminal complaint issues of OUI Liquor but police did not properly advise client of each and every implied consent right, including right to independent medical/doctor exam. Defense Motion to Dismiss granted. OUI Charge Dismissed.