Category: DUI Case Results

Police stop driver after observing him enter mall parking lot through driveway marked “Exit Only.” Driver is barefoot in November and displays evidence of recent leg injury. Police allege he smells of alcohol and admits to a number of drinks earlier. Client accused of drunk driving refuses all field tests following successful completion of alphabet test. Post arrest breath test is .17 BrAC. Defense challenges accuracy and precision of breath test as it relates to required proof of alcohol by weight in blood. Not guilty verdict following trial.

Police respond to scene of single car accident and find car crashed through mailboxes and perched on top of snow bank. Driver denies he’s impaired and refuses to submit to field sobriety tests. Officer alleges client had odor of alcohol on his breath and swayed throughout his contact with him. DWI charge dismissed prior to trial.

Client is stopped by police foot patrol for speeding in downtown area. Police allege client admitted to two drinks, failed portions of field sobriety tests and submitted to .19 BrAC post arrest breath test. Defense challenges validity and accuracy of breath test, including length and volume of breath samples and evidence of stomach alcohol contaminating breath test results. Not guilty verdict following trial.

Driver enters garage/service station on Friday evening seeking assistance with two flat tires. Employee suspects driver is impaired by alcohol based on speech and demeanor and flags down passing police officer. Police investigation leads to OUI arrest. Defense focuses on lack of evidence of impairment and possibility that alleged drunk driver not impaired despite odor of alcohol, unsteadiness, red eyes and slurred speech. Not guilty verdict following trial.

Police follow driver for over one mile noting multiple minor marked lane violations. Client admits to drinking and states “I’m in big trouble, I’m going to jail.” Client’s nervousness, fear and embarrassment are evident throughout his field sobriety tests. Not guilty verdict following trial.

Police stop client for marked lanes violation. Driver admits to consuming four beers over several hours. Police note driver fumbled with ignition and wiper controls before exiting car. Evidence supports client’s nervousness and emotional upset, further claims leg injury hampers his ability to complete standard field sobriety tests. DWI charge dismissed prior to trial.

Police officer stops client for speeding violation in downtown area. Client admits to drinking two glasses of wine and one beer over course of evening. Officer alleges young woman fails standard field sobriety tests and submits to post arrest breath test with .15 BrAC. Defense challenges validity of both field sobriety tests and breath test, as it relates to required proof of certain level of alcohol by weight in blood. Not guilty verdict following trial.

In early morning hours police officer finds client sleeping in car parked at Department of Conservation lot adjacent to public beach. Engine running. Client admits to drinking earlier at Celtics game. Police allege client failed field sobriety tests and post arrest breath test is .14 BrAC. Driver is also charged with trespassing as DCR lot is closed to public after dusk. Directed verdict of not guilty entered at trial because driver cannot be charged with operating under influence on “way” open to the public and be trespassing at the same location.

19 year old alleged drunk driver is stopped by police in early morning hours for marked lanes violation. Officer detects odor of alcoholic beverage and client admits that he did drink hours earlier. Field sobriety tests are unremarkable, but post arrest breath test disclosed .04 BrAC (per se offense .02 BrAC for Under 21 Drivers). Defense prepared to rebut accuracy of breath test in light of lack of evidence of impairment. DWI charge dismissed prior to trial.

Client responds to local Police Department in regards to civil restraining order. Officer at station alleges client drives into parking lot erratically, slurs words and is slow and lethargic. Officer requests second patrolman respond to investigate possible DWI Drugs and contact field sobriety tests. Post arrest blood test reveals 17029 ng/ml Butalbital. Defense contrasts testimony of second officer who contradicts observations of first officer and challenges validity of blood test which discloses what should be a lethal level of controlled drug. Not guilty verdict following trial.