Category: DUI Case Results

Accused drunk driver stopped for speeding in early afternoon. Police officer speaks to driver about violation, obtains license and registration and then returns to cruiser to write ticket. Upon return to driver’s window officer detects an odor of alcohol for the first time, which leads to exit order, field sobriety tests and subsequent arrest. Inventory search of vehicle discloses open containers. Speed in excess of 30 M.P.H. over posted leads to Aggravated DWI Charge. Defense prepared to argue that police officer illegally expanded scope of initial speeding stop, which was concluded, when only observation of alleged impairment was an odor of alcohol. Aggravated DWI and DWI charges dismissed before trial.

Police respond to scene of day time roll over accident where client is found dazed and bleeding outside of vehicle. Witnesses allege client flipped vehicle trying to pass slow moving construction vehicle. Police note odor of alcohol coming from driver’s breath and open containers within vehicle. Client is transported to hospital but no blood is drawn and field sobriety tests do not occur. Defense obtains dismissal of OUI Charge when government not prepared to go forward on second trial date.

Police respond to report of “incident” at restaurant between patron and waiter. Several police officers respond to scene and take report from waiter that patron who just left was unruly and rude with waiter when asked to quiet down. Radio call goes out to stop patron who has exited parking lot and is driving away in a certain SUV. After stop, client admits that he had words with waiter and that he drank at dinner with friends. Police allege slurred speech, unsteadiness and poor performance on all field sobriety tests. Client arrested and charged with OUI. Court allows defense Motion to Suppress, holding that police lacked legal justification to stop and detain client based on vague report of “incident.”

Police stop client for driving too fast past municipal snow plow during raging snow storm. Client admits to drinking but refuses post arrest breath test. Police allege she failed certain field sobriety tests at roadside. Defense prepared to challenge field tests in light of adverse weather conditions and unsuitable footwear. NH drunk driving case dismissed prior to trial.

Client is found in early morning hours waiting for tow truck and cab behind the wheel of his damaged and inoperable rental vehicle, with engine running to keep warm. Client initially claims vehicle damaged after being stolen, but later admits he crashed the vehicle himself after getting lost in snow storm. Police allege strong odor of alcohol, slurred speech, and general unsteadiness during initial contact. Defense challenges police version of events when one officer describes client as confused, belligerent and uncooperative and second officer describes client as polite, easygoing and courteous. Not guilty verdict following trial.

Police respond to civilian report of minor fender bender in parking lot of apartment complex. Client is found outside vehicle in parking lot and police allege he is highly intoxicated, although he denies driving vehicle. Defense will not stipulate to operation. Only witness to establish operation does not appear at time of trial. DWI charge dismissed.

Client stopped by police for late night marked lanes violations. Following several field sobriety tests client arrested and charged with DWI. Subsequent consensual blood test sent to state lab which reports .19 BAC. Defense challenges chain of custody for blood test at administrative suspension hearing. State cannot produce requisite documentation for chain of custody. Administrative license suspension vacated.

Alleged drunk driver faces enhanced penalties (mandatory jail time and increased loss of license) for Aggravated DWI charge as result of breath test in excess of .16 (twice legal limit of .08) Defense excludes evidence of .23 breath test when breath test operator testifies that required twenty (20) minute observation period at station preceding breath test began at 7:40 p.m. Arresting officer establishes arrest time in street at 7:45 p.m. making valid twenty (20) minute observation period at station an impossibility. Not guilty verdict on Aggravated DWI charge following trial.

Client stopped leaving restaurant on snow covered road for alleged marked lanes violation. Police allege client exhibited slurred speech and difficulty with standard field sobriety tests after admitting to drinking “two beers”. Defense uses booking video to display driver’s apparant sobriety and is prepared to challenge validity of field sobriety tests and alleged erratic operation in light of snow covered road conditions. DWI charge dismissed prior to trial.

Police find client sleeping in vehicle parked outside closed pharmacy, keys in ignition, engine running. Client is awoken and submits to field sobriety tests when officer detects odor of alcohol. Defense prepared to argue no evidence of operation or intent to operate. DWI charge dismissed prior to trial.