Category: DUI Case Results

Young driver is stopped for speeding driving home from concert. Police smell odor of marijuana and client admits to smoking just earlier before dropping friend off. Field sobriety tests are inconclusive and arresting officer is not certified to conduct “drug recognition” battery of tests. DWI Drugs charge dismissed prior to trial.

Police respond to scene of roll over accident. Passengers state client was designated driver but had drank alcohol earlier in evening. Hospital blood work discloses blood alcohol content over legal limit. Defense prepared to exclude hospital medical records as evidence at trial. OUI charge dismissed.

Client stopped for speeding. Officer detects odor of alcohol, flush face and glassy eyes. Officer notes client failed three field sobriety tests. Defense prepared to argue tests not administered in standardized fashion as required by police training. DWI complaint dismissed.

Client stopped at road block sobriety checkpoint. Officer detects odor of alcohol and client admits to having 2-3 beers. Police allege client failed one-leg stand and walk and turn tests. Defense establishes that client passed mental portions of tests by following directions and instructions, attributing physical problems to prior knee injury. Not guilty verdict following trial.

Police respond to scene of rear-end accident. Client appears with odor of alcohol and several cans of beer are found in car. Client admits to drinking beer after work. Police allege client failed three field sobriety tests and then became belligerent questioning arresting officers sexuality. Defense elicits evidence that field tests not conducted properly and that client only became combative after arrest. Not guilty verdict following trial.

Client stopped after police follow him for two miles observing several lane violations and near collisions with parked cars. Police not inconsistent responses to questions about destination and whereabouts. Client refuses to participate in field sobriety tests, arrested and then cannot complete standard booking procedure. Defense argues lack of evidence of impairment by alcohol and that some other factor may have caused erratic driving. Not guilty verdict following trial.

Police called to fast food drive thru to deal with disgruntled customer. Accused drunk driver approached by police and unleashes string of profanities refusing to cooperate with field sobriety tests. Search of vehicle discloses bottle of whiskey and cooler full of hard lemonades. Defense focuses on lack of evidence of impairment despite emotionally upset client. Not guilty verdict following trial.

Police stop client for illegal right on red light turn. Accused drunk driver admits to drinking but denies impairment. Police allege client failed several field sobriety tests, but he later tests well below legal limit on breath test for alcohol. Several prescription medications found on client’s person during booking and police allege impairment by those drugs. Government cannot establish impairment by drugs with requisite expert testimony. DWI Drugs charge dismissed.

Client’s attention drawn away from roadway due to cell phone call. Vehicle collides with two pedestrians at busy intersection witnessed by police. Arrest follows when client does not immediately stop following collision with pedestrian, open container found in passenger’s seat area. Alleged drunk driver admits to drinking and performs field sobriety testing at police station. Not guilty verdict on OUI charge following trial.

Police come upon client after witnessing her hit curb causing blow out. Client is dressed only in felt elf’s costume following Christmas caroling party. Client admits to drinking beers over course of evening. Police allege client fails field sobriety tests. Civilian witness corroborates that client was sober when she left party. Husband testifies that client so emotionally upset during arrest that she is physically sick on drive home from police station. Defense attributes less than perfect field sobriety performance to nervousness, fear and embarrassment and frigid conditions without proper clothing. Not guilty verdict following trial.