Category: DUI Case Results

Police receive report of erratic operation and locate car matching description following it for period of time observing marked lanes violations. Officer notes driver’s eyes are red and glassy, speech is slurred and strong odor of alcohol. Client is arrested following field sobriety tests and submits to post arrest breath test of .13 BAC. Defense presents expert witness to challenge accuracy of breath test during active “absorption phase” of alcohol metabolism and focuses on operation of vehicle during time police followed vehicle. Further defense argues field sobriety testing results were reasonable given time and location of stop. Not guilty verdict following trial.

Police stop client for failure to dim high beam headlights and allege he failed standard field sobriety tests. Alleged drunk driver testified that he did consume some vodka drinks before driving but failure to dim high beams was result of unfamiliarity with car and poor performance on field sobriety tests was due to his nervousness caused by officer’s inexperience and indecisiveness. Not guilty verdict following trial.

Driver is stopped for speeding on highway traveling home from Red Sox game. Driver admits to having several drinks over course of evening but fares very well on field sobriety tests. Post arrest breath test result of .20 BAC totally inconsistent with drinking pattern and performance on field sobriety tests. Defense prepared to challenge test results with expert witness only to find arresting officer/breath test operator dismissed from police department for disciplinary reasons before trial. Defense Motion to Dismiss for lack of prosecution allowed.

Police stop driver after watching her drive in breakdown lane at 1:00 a.m. and then drive upon on curb making U-turn. Driver submits to field sobriety tests and preliminary breath test at roadside discloses .196 BAC. Post arrest breath test result is .19 BAC. Defense expert calls into question accuracy of breath tests in light of inconsistent field sobriety testing. Not guilty verdict following trial.

Police stop 68 year old driver for speeding and detect odor of alcohol, slurred speech and red/glassy eyes. Driver submits to field sobriety tests which police allege he failed. Post arrest breath test of .10 BAC excluded by defense due to lack of certification of breath test equipment. Police admit that field sobriety tests are not necessarily valid for any person over 65 years of age and there was no erratic operation of vehicle beyond speeding violation. Not guilty verdict following trial.

Police observe vehicle traveling in opposite direction without headlights and when they turn to follow vehicle they notice turn made without signal. Driver stops in response to blue lights by driving up on curb and parking at odd angle on roadside. Accused drunk driver refuses field sobriety testing stating he was “not stupid enough to take those tests.” Police arrest defendant for DWI. Defense argues mere suspicion of DWI without confirming field sobriety tests insufficient to prove impairment beyond reasonable doubt. Not guilty verdict following trial.

Defendant is stopped by police for lane violation entering traffic rotary. Defendant admits to drinking and submits to field sobriety tests which police allege he failed. Subsequent breath test reveals B.A.C. of .15 Defendant requests trial date only to learn that Breath Test Operator has left the police department and is unavailable at trial. State dismisses DWI charge prior to trial.

Police stop defendant’s vehicle for operating without headlights. Defendant admits to having “a few beers” submits to field sobriety tests but refuses breath test. Several years pass as defendant is fugitive from justice. Open removing default and appearing in Court to face DWI charge State cannot go forward with sufficient evidence to prove DWI charge which is dismissed prior to trial.

Police stop driver for operating at 50 M.P.H. on highway and committing several marked lanes violations. Driver admits to drinking “a little bit”. Driver submits to just one field sobriety test before refusing to continue with roadside testing. Police alleged driver is unable to spit out breath mint when instructed to so and to periodically crying during booking process during which she needs assistance to stand. Defense argues lack of evidence of impairment given highly confrontational nature of roadside encounter, arrest and booking. Not guilty verdict following trial.

Officer alleges that he followed driver for one (1) mile and observed 5 or 6 marked lanes violations. Driver initially denies drinking then admits to “one beer.” Officer detects odor of alcohol, unsteadiness and difficulty with all field sobriety tests. Post arrest breath test result of .19 BAC is excluded by defense due to failure of government to establish certification of breath testing equipment. Cross exam establishes that Officer actually followed defendant for 2.5 miles and only activated lights to stop vehicle because vehicle was approaching town line and end of Officer’s jurisdiction and that this officer accounts for 60% of his departments OUI arrests. Not guilty verdict following trial.