Category: DUI Case Results

Client approaches police in parking lot of tavern, engaged in another investigation, and asks if he’ll be arrested if he drives. Client told not to interfere and leaves parking lot in erratic fashion. Police follow and stop client, noting odor of alcohol, unsteadiness and thick speech. Client refuses to submit to field sobriety tests and refuses breath test. Defense argues lack of evidence of impairment. Not guilty verdict following trial.

Police stop client for illegal u-turn. Officer notes slurred speech and odor of alcohol, although client denies drinking. Police allege client failed three field sobriety tests and subsequent search of vehicle discloses flask containing alcohol. Defense presents evidence of client’s disability from being born with club feet, discrediting reliability of field sobriety tests. Not guilty verdict following trial.

Police respond to scene of vehicle off roadway but otherwise unoccupied. Client responds to scene 15 minutes later and claims that he was driver. Police arrest client for DWI following field sobriety tests. Defense prepared to argue that client’s appearance is inconsistent with being driver of vehicle where he is clean and orderly and wreck is buried in wooded muddy area. Lack of evidence to corroborate client’s admission. DWI charge dismissed prior to trial.

Police stationed in cruisers 200 yards away hear and see SUV vehicle driving erratically between parking lots. Responding to scene they find two parking lot signs knocked down and vehicle matching their observations parked in area and warm to touch. Civilian witness points out group he says left parked vehicle after driving erratically from lot. Police apprehend client near apartment building and place him in handcuffs. Client charged with leaving scene and DWI. Defense prepared to argue seizure of client was an arrest lacking probable cause as to identity of actual driver. DWI charge dismissed prior to trial.

Police respond to 911 cell phone call of car “all over the road.” After following vehicle for several miles with lights and sirens, stop sticks deployed to disable client’s car. 72 year old alleged drunk driver submits to three field sobriety tests and post arrest breath test discloses .08 BrAC. Officer admits there was no erratic operation during several mile pursuit and field tests not valid for persons over age of 65. Defense argues breath test results are not accurate reflection of true blood alcohol content at time of driving. Not guilty verdict following trial.

Police respond to scene of three car accident. Witnesses involved tell police accused drunk driver caused accident by crossing over center line and striking second vehicle head-on. Client admits to “a few beers” and does not complete alphabet test satisfactorily. Transported to hospital before further tests can be completed. Defense argues client’s appearance, demeanor and performance of alphabet test attributable to trauma from accident. Not guilty verdict following trial.

Police come upon client parked in lot speaking on his cell phone at 4:00 a.m. Client asked to step from vehicle and drops cell phone to ground. Police allege client failed one field sobriety test and was argumentative and belligerent during booking process. Defense argues insufficient evidence to prove impaired operation of vehicle. Not guilty verdict following trial.

Police stop alleged drunk driver for fog line encroachment and wide turn. Client admits to having two beers and submits to field tests. Defense prepared to argue operation of vehicle was not consistent with impaired driver. DWI charge dismissed prior to trial.

Police respond to scene of single car accident where driver reported striking abandoned vehicle left in breakdown lane. Three passengers present as well, but client admits to being driver at time of accident. Insufficient evidence to confirm client’s admission that he was driver. DWI charge dismissed prior to trial.

Client is called to police station to retrieve his friend who is arrested for earlier DWI. During bail release officer inquires whether client was drinking and requests field sobriety tests. Client submits to post arrest breath test .08 BrAC. Lack of evidence of operation. DWI charge dismissed prior to trial.