Category: DUI Case Results

Client leaves bar at 1:50 a.m. and is stopped for operating without headlights. Officer detects a strong odor of alcohol and observes client’s eyes to be red, glassy and bloodshot. When questioned, client admits to have “a couple” beers. After exiting the vehicle, client appears unsteady on his feet and then proceeds to fail three field sobriety tests. Client submits to a breathalyzer test indicating a .17 BAC. Defense excludes breathalyzer results and argues that client’s performance on the field sobriety tests was caused by nerves and a pre-existing hip injury. Not guilty verdict following trial.

Officer directing traffic observes client skidding to a stop, narrowly avoiding the vehicle stopped in front of her. Officer signals client to stop and then approaches the vehicle at which time he observes a Smirnoff Ice between the client’s legs. Client has difficulty producing her license and then admits to drinking three malt beverages. Upon exiting the car, she appears confused and unsteady on her feet. Client proceeds to fail four field sobriety tests, including the Alphabet test. Defense attributes the alleged strong odor of alcohol to her recent consumption of the beverage found in the car and then argues that the field sobriety tests are not reliable indicators of impairment. Not Guilty Verdict following trial.

Officer observes client in opposite lane weaving back and forth between the dividing line and the breakdown lane. As the officer approaches the vehicle he observes vomit on the outside of the driver’s side door and client admits to having just gotten sick. Officer detects the odor of alcohol and observes client’s eyes to be glassy and bloodshot. Client proceeds to fail three field sobriety tests and then submits to a breathalyzer test indicating a .10 BAC. A subsequent search of the car reveals a cooler full of beer and a small amount of marijuana. DWI complaint dismissed prior to trial.

Client stopped by police for crossing center line and allegedly nearly hitting police cruiser head-on. Client admits to “few” beers but is actually designated driver for his passenger who is highly intoxicated. Police allege client fails many field sobriety tests, make arrest for DWI and client refuses breath test. Defense prepared to challenge validity of physical tests due to client’s exhausted condition following 14 hour day laying tile day of arrest. DWI charge dismissed prior to trial.

Police dispatched to area of a motorcycle accident. Upon arrival, witnesses indicate the operator of the bike is now a passenger in motor vehicle leaving scene. Police catch up and stop the car finding the client sitting in the passenger seat with obvious injuries. After admitting to operating the motorcycle, client is arrested and transported to hospital. Hospital blood test reveals presence of alcohol and various narcotics. Defense prepared to exclude blood test results based upon a lack of proper foundation. DWI charge dismissed prior to trial.

Police respond to scene of highway rollover accident. Crash re-constructionist for State opines that client’s vehicle was traveling 106 m.p.h. at time it left road surface and traveled nearly 300 ft. Aggravated DWI charge brought due to speed in excess of 30 m.p.h. in combination with DWI. Mandatory jail sentence and 18 month loss of license applicable to Aggravated charge. Defense challenges accuracy of data for accident re-constructionist’s analysis of vehicle speed. Not guilty verdict following trial.

Police respond to report of motor vehicle stuck in a snow bank off to the side of the road. Upon arrival, officer observes client exiting the driver’s side of the vehicle whereupon he begins running, trips, and lands face down on ground. Officer alleges he saw client throw a set of car keys into the woods. Client is very unsteady on his feet and displays a strong odor of alcohol, bloodshot eyes and slurred speech. After failing three field sobriety tests, client blows a.18 on the breath test. Defense stipulates to the element of intoxication and argues that the evidence is insufficient to prove that the defendant was the operator of the vehicle at the time of the crash. Not guilty verdict following trial.

Police respond to report of motor vehicle stuck in a snow bank off to the side of the road. Upon arrival, officer observes client exiting the driver’s side of the vehicle whereupon he begins running, trips, and lands face down on ground. Officer alleges he saw client throw a set of car keys into the woods. Client is very unsteady on his feet and displays a strong odor of alcohol, bloodshot eyes and slurred speech. After failing three field sobriety tests, client blows a.18 on the breath test. Defense stipulates to the element of intoxication and argues that the evidence is insufficient to prove that the defendant was the operator of the vehicle at the time of the crash. Not guilty verdict following trial.

Police stop client for speeding and marked lanes violation. Client admits that he split pitcher of beer with his passenger prior earlier in the evening. Police detect obvious odor of alcohol and client’s unsteadiness as he exits vehicle. Client refuses to participate in field sobriety testing and is subsequently arrested for DWI. Defense prepared to argue lack of evidence of impairment. DWI charge dismissed prior to trial.

Police stop client for stop sign and marked lanes violation. Client admits to drinking earlier in the evening but refuses to participate in any field sobriety tests. Police allege client is verbally combative throughout booking process and smells of alcohol with slurred speech. Defense prepared to argue lack of evidence of impairment. DWI charge dismissed prior to trial.