Category: DUI Case Results

Alleged drunk driver stopped for speeding returning from rained out Red Sox game. Admits to drinking a few beers earlier. Police allege he failed field sobriety tests and then attempted to gain favor by claiming to be a firefighter, then a police officer then a truck driver. Defense presents evidence that police misconstrued the defendant’s actual statements which were he was a father, his brother and passenger was a firefighter, and he would not take a breath test because he had once worked as an auxiliary police officer and was familiar with the machine’s limitations. Not guilty verdict following trial.

Police respond to scene of two (2) car accident, where client has crashed into back of parked tractor trailer on side of highway. Client clearly injured in crash with airbag deployment, but refuses medical treatment. Client is lost and admits to speeding and driving poorly. Police allege client is upset, irrational and belligerent during booking following his arrest for OUI. Defense puts in evidence of defendant’s alleged refusal of breath test to show he wanted to take breath test and then blood test, but was denied both by police, thereby explaining his behavior and emotions. Not guilty verdict following trial.

Client arrested by police for alleged NH drunk driving offense and brought to the station where he agrees to submit to requested breath test. Arresting officer deems client a refusal on the breath test because he will not submit enough breath for valid breath test. Machine operator notes that client appears to be trying to blow properly. Driver tells police that he has limited lung capacity due to history of collapsed lung. Administrative hearing officer agrees with defense that client’s disability did not render his attempted performance of the test a “refusal.” Six (6) month breath test refusal license suspension vacated after hearing.

Accused drunk driver stopped by police for allegedly running stop sign in early morning hours. Police allege client performed poorly on field sobriety tests, including alphabet, one-leg stand and walk and turn test. Defense prepared to challenge validity of tests with photographs of roadway and stop area. OUI complaint dismissed for lack of prosecution when Government unable to go forward on second trial date.

Client is followed in parking lot of late night convenience store by police who had clocked him speeding. Client admits to drinking after playing basketball earlier that evening. Client’s performance on some of the field sobriety tests is near perfect, while he has difficulty with others. DWI charge dismissed prior to trial.

Client stopped for speeding on country road. Tells police that she is driving friend home from Chinese restaurant where she consumed two (2) drinks in last hour. Police allege driver failed field sobriety tests. Post arrest booking video utilized to refute claims that client was impaired, unsteady or slurring her words. DWI Charge Dismissed prior to trial.

Police respond to report of erratic operator on highway. Reporting civilian witnesses follow driver to his home and watch him exit car in driveway and enter home. Police respond some time later, interview client and arrest him following field sobriety tests in driveway. Post arrest breath test .11 BrAC. Defense presents evidence that client arrived home without incident, proceeded to pour himself a drink and was on his second drink and speaking to his wife on the phone when the police arrived unexpectedly at his door. Not guilty verdict following trial.

Alleged drunk driver stopped for speeding. Denies that he was drinking this night. Police detect odor of alcohol, red/glassy eyes and unsteadiness upon exit. Police allege defendant performed poorly on field sobriety tests and refused post arrest breath test. Defense presents evidence of client’s prior medical conditions including injuries to his toes, knees and inner ears, all of which invalidate field sobriety tests. Not guilty verdict following trial.

Police conducting building check see client’s truck leaving parking lot at high rate of speed. Officer later sees same truck stopped at a green light some distance away. Vehicle stopped, police note odor of alcohol and admission that driver had a couple of beers earlier at a party. Police note driver’s zipper down, client explains that he was hoping to get lucky with his girlfriend earlier in parking lot. Defense challenges police administration and interpretation of field sobriety tests and argues driver’s refusal of breath test is explained by his earlier experience with the machine, which he does not trust. Not guilty verdict following trial.

Driver accused of drunk driver is stopped at Sobriety Checkpoint Roadblock driving home. Admits to screening officer that he went out for drinks after work. Driver arrested following field sobriety tests, post arrest breath test .15 BrAC. Defense files Motion to Suppress, challenging the validity and legality of the Roadblock as conducted. Government cannot meet its burden to justify Roadblock as conducted. OUI Charge Dismissed.