Category: DUI Case Results

Police respond to report of single car accident where vehicle hit granite curb of median. Driver admits to being distracted by her friends while driving to hotel from wedding. Police note an odor of alcohol and slurred speech. Driver completes field sobriety testing with some difficulty but performs portions of testing perfectly. DUI charge dismissed before trial.

Commercial driver is approached by police at mandatory weigh station stop. Officer notes driver’s apparent nervousness and fidgety demeanor. Police ask if there is anything illegal in vehicle. Driver hands over small amount of marijuana and then is placed under arrest following roadside investigation and field sobriety tests. DUI charge dismissed outright as part of negotiated disposition before trial.

Police stop driver for speeding and failure to yield to pedestrians in crosswalk. Police report alleges that driver admits to drinking has slurred speech. Careful review of both cruiser camera and BWC audio recording (body worn camera video failed to record) discloses major discrepancies between narrative report and real time recordings, including statements about medication taken, wearing glasses and field sobriety tests. ALS/DMV suspension vacated and DUI charge dismissed prior to trial.

Deputy stops driver for speed infraction and notes an odor of alcohol and glassy eyes. Driver admits that he had two drinks at local Mexican restaurant with dinner and is returning to his family camp just up the road. Driver remains cooperative and polite upon exit but refuses to participate in field sobriety testing. Arrest follows and driver refuses post arrest breath test. OUI charge dismissed prior to Court proceedings after BMV administrative hearing on refusal suspension.

Police stop driver for failing to come to complete stop making right turn at red traffic light. Police note an odor of alcohol and open containers in vehicle. Driver admits to having two drinks at her girlfriend’s house. Driver does reasonably well on field sobriety tests, but post arrest blood test result .082. Defense prepared to argue that BWC video depicts a sober driver that may have been over the legal limit only at the time of testing, not driving. DUI charges dismissed prior to trial.

Driver is stopped by Roadblock chase cruisers when he fails to stop for greeting officer. Police note driver’s garbled speech, odor of alcohol and glassy eyes. Upon exit driver submits to field sobriety tests and is arrested. Defense excludes post arrest .12 breath test evidence and utilize body worn camera footage to show how confusing field sobriety instructions were with multiple officers talking and giving verbal instructions. Defense also enters evidence of client’s speech impediment. Not guilty verdict on OUI and Negligent Operation charges following trial.

Police stop driver for speeding in early morning hours. Driver admits to having one beer and a glass of wine before leaving a friend’s house in MA. Police note odor of alcohol and that driver seems upset and nervous. DUI arrest follows field sobriety tests. Driver refuses blood test. Officer fails to appear at ALS/DMV suspension hearing due to oversight. Defense challenges Prosecutor’s attempt to re-open ALS/DMV hearing. Negotiated dismissal of DUI charge prior to trial to include withdrawal to re-open ALS/DMV hearing.

Police stop driver for executing dangerous entry into road that nearly caused collision with police cruiser. Police note driver’s slurred speech, odor of alcohol and admission to drinking six (6) beers earlier before driving up to area from Massachusetts. Driver participates in field sobriety tests, but informs police of multiple conditions and disabilities that will impact performance. Six (6) month ALS/DMV suspension vacated upon police failure to appear. DUI charge dismissed prior to trial.

Police respond to scene of single car crash. Police speak briefly with driver who is trapped in car before she is transported to MA hospital. NH Police seek search warrant that is executed by cooperating MA Police at hospital. Blood seized and tested at .17 BAC leading to DUI and Aggravated DUI charges. Defense challenges legality of search warrant for hospital blood in Massachusetts and sufficiency of probable cause to issue warrant in first instance. DUI and Aggravated DUI charges dismissed before trial and hearing on merits of defense motions to suppress.

Police watch driver pull into parking lot of closed service station and park. Business being closed and late hour causes police to investigate. Driver tells police he wasn’t driving, simply waiting for a friend to pick him up. Police notice slurred speech through accent, odor of alcohol and glassy eyes. Driver continues to deny that he was driving and will not participate in field sobriety tests leading to DUI arrest. DUI charge dismissed prior to trial.