Category: DUI Case Results

Client approaches abandoned vehicle on highway being attended to by police and tow truck in early morning hours. Police allege client drove dangerously close to officer in roadway tending to flare display. Client accused of drunk driving stopped and ordered from car for field sobriety tests following admission to drinking. Defense prepared to challenge validity of field sobriety tests given adverse weather conditions and client’s level of fatigue following long week of second shifts. Booking video offers evidence of client’s condition in the minutes following the arrest. DWI charge dismissed prior to trial.

Client falls asleep at wheel driving home, strikes vehicle in front of her, and flips car onto side in highway breakdown lane. Police respond and put client through field sobriety tests after she admits to having drinks with friends after work. Defense cross exam focuses on client’s excellent performance on most of the field sobriety tests in light of the chaotic atmosphere of the accident scene. Post arrest breath test of .12 BrAC excluded as evidence. Not guilty verdict following trial.

Client enters police station to bail out friend, who has been arrested for OUI. Desk Officer offers to make change for the client so he can buy soda from machine in waiting area. Upon entering waiting area, Police Officer alleges client has overwhelming odor of alcohol coming from his breath, slurs his words and struggles for two (2) minutes trying to put correct change into soda machine. Officer requests client submit to field sobriety tests which he starts but then refuses to complete. At trial police officer testifies that client was, in his opinion “wasted.” Not guilty verdict following trial.

Police stop driver for speeding violation. Client admits to consuming “a few” drinks and is asked to perform field sobriety tests. Client informs officer that he has balance and leg problems. After arrest client refuses breath test. Defense prepared to offer evidence of client’s prior medical conditions, including substantial weight loss following stress fractures to both legs, as they invalidate field sobriety testing. DWI charge dismissed prior to trial.

Out of state resident made aware of pending DWI default from several years prior which he thought was resolved. Client returns to NH to remove default and challenge DWI charge. Government contends they will go forward with original police witness, who has since moved on to federal law enforcement duties overseas, via telephone or video conference testimony. Defense refuses to waive right to confront witness live in court. DWI charge dismissed prior to trial.

Elderly client stopped by police for expired registration plates returning from late dinner with friends. Accused drunk driver admits to drinking two beers and completes field sobriety tests to the best of his ability. Preliminary Breath Test (PBT)at roadside reports .11 BrAC. Client refuses subsequent breath test at station. Defense contends PBT is inaccurate given inherent limiations in fuel cell technology and client is not an appropriate candidate for field sobreity tests given his advanced age. DWI charge dismissed prior to trial.

Client stopped by police following several civilian cell phone reports of erratic operation. Police allege client failed standard field sobriety tests and placed in custody at roadside after 7:40 p.m. Post arrest breath test administered at police station results in .20 BrAC reported at 8:03 p.m. Court allows defense Motion to Exclude Breath Test Evidence because government cannot establish a valid fifteen (15) minute waiting observation period preceded breath test, in light of arrest time, travel and transport to station and reported test time.

Police observe accused drunk driver’s vehicle turn through intersection at high rate of speed with screeching tires. Following stop police allegedly observe slurred speech, unsteadiness and a strong odor of alcohol. Client arrested following standard field sobriety tests. Defense prepared to challenge accuracy and validity of field tests and post arrest .12 breath test in light of client’s booking video where he is polite, steady and clear and concise in his speech. DWI charge dismissed prior to trial.

Client arrested for alleged OUI offense and transported to police station where she submits to breath test at police direction. Breath test machine reports “ambient air failure,” and aborts testing sequence. Police re-start machine and direct client to submit new breath samples seven (7) minutes later, with reported results of .25/.27 BrAC. Defense argues pre-trial motion to exclude breath test evidence for police failure to conduct a new fifteen (15) minute observation period upon reported “ambient air failure” as required by breath test machine manufacturer’s manual and police breath test operator training manual. Court allows Defense Motion, excluding breath test evidence at trial.

Client is transported to hospital following rear end collision with injuries. Police at scene allege driver is highly intoxicated and follow him to emergency room where he is treated. Police seize hospital blood draw and laboratory results for alcohol screen without the client’s consent and without prior judicial approval or search warrant. Defense argues that government seizure of private/privileged medical records, tests and samples violates federal H.I.P.P.A. law and state search and seizure law. Court allows defense Motion to Exclude blood test evidence.