Category: DUI Case Results

Client stopped by police for failure to dim high beams and wide right turn. Officer notes odor of alcohol, red/glassy eyes and difficulty with field sobriety tests. Driver admits that she just consumed her only drink of the night. At trial defense calls state’s laboratory expert to establish that .11 post arrest breath test could result from one drink, i.e. “Irish Car Bomb” Guinness, Jameson’s and Bailey’s concoction which client testified she consumed just prior to stop. State’s expert admits that true blood alcohol content at time of stop could be below legal limit of .08. Not guilty verdict following trial.

Client accused of drunk driving stopped by police for speeding at 11:00 p.m. Admits to consuming one beer before starting ride home from job site, also admits to drinking one other beer much earlier in evening. Police allege client failed three standard field sobriety tests and refused breath test. Cooler in car contains five empty beer cans. Defense offers client’s testimony including supporting documentation of medical conditions that limited field sobriety test performance. Client explains that empty beer cans in his lunch cooler are from his crew and not beers that he drank. Not guilty verdict following trial.

Client stopped by police for marked lanes violation. Admits to consuming “a few beers” at holiday cookout and is currently lost. Police allege driver failed three (3) field sobriety tests. Government witness unavailable on scheduled trial date. DWI charge dismissed.

Driver runs stop sign in snow storm almost striking passing police cruiser. Client falls face first into snowbank upon exiting truck at police request. Police allege client fails three standard field sobriety tests and submits to post arrest breath test with .08 BrAC. DWI complaint dismissed prior to trial.

Police respond to scene of single car roll-over accident. Client admits to drinking earlier and being the driver, stating that he lost control on curvy unfamiliar roadway. Police administer only one field sobriety test before client is tended to by EMTs for complaint of leg and head injury. DWI charge dismissed prior to trial.

Driver involved in minor rear-end collision leaving race track in heavy bumper to bumper traffic. Police respond and ask client to submit to field sobriety tests when he admits to drinking, but not for several hours. Defense prepared to argue performance on field sobriety tests impacted by nervousness, fear and embarrassment as he is asked to take tests in front of hundreds of motorists passing by. DWI charge dismissed before trial.

Accused drunk driver stopped on highway for marked lanes violation. Police find open liquor bottle in car with evidence that driver or passenger was drinking from cup in car. Police allege driver failed all field sobriety tests and acted erratically during booking process. Defense focuses on young mother’s fear in arrest situation and emotional distress throughout process including custody when she is told that she is being held without release on bail and will not see her infant child for two (2) days. Not guilty verdict following trial.

Police stop client in restaurant parking lot after receiving report of erratic operation from citizen caller. Alleged drunk driver admits to drinking at earlier concert. Field sobriety tests completed and police note that client complained of recent knee surgery complicating his performance on tests. DWI charge dismissed prior to trial.

Driver stopped by police as he is seen drinking from an open container of beer while driving pick-up truck. Police note odor of alcohol, red/glassy eyes, open containers and admission to drinking. Defense focuses on client’s performance on field sobriety tests and demeanor during arrest, transport and booking to show lack of evidence of impairment. Not guilty verdict following trial.

Several police respond to underage drinking party to breakup party and make arrests. Officer in street observes client vehicle approach area and then stop “abruptly” and drive off in opposite direction. No erratic operation observed by police. Officer stops vehicle with blue lights believing driver may be underage person connected to party. Defense Motion to Suppress stop and arrest allowed as police lacked reasonable articulable suspicion that driver had committed a crime. OUI charge dismissed.