Category: DUI Case Results

Client stopped for speeding during evening rush hour traffic. Arresting officer notes client performs some field sobriety tests “satisfactorily” and fails others. Client is chewing ginger root for upset stomach at time of arrest following spicy meal. Defense presents medical records and expert testimony to explain that two (2) weeks prior to arrest client is hospitalized for chest pain, later diagnosed as gastro-esophogeal reflux disorder. Defense argues that .21 BAC intoxilyzer test result is inaccurate due to contamination by stomach alcohol from G.E.R.D. condition. Not guilty verdict following trial.

Client stopped by police for driving wrong way on one-way street. Police officer alleges client failed alphabet test twice by stating: “A,B,C.D,E.F,G, blah, blah, blah” each time. Client refuses all other field sobriety tests. Breath test results of .20 BAC excluded due to lack of proof that statutory implied consent rights were properly administered before test. Not guilty verdict following trial.

Client stopped by police following dinner with girlfriend. Officer notes red glassy eyes and slurred speech along with poor performance on field sobriety tests. Post arrest breath test results are .10 BAC. Defense presents evidence of pre-arrest consumption of alcohol through restaurant receipt and defense expert establishes that client’s actual blood alcohol level was below legal limit at time of driving and breath test result is inaccurately high because test was conducted during “absorptive” phase of alcohol metabolism in client’s body. Not guilt verdict following trial.

Client stopped by police and charged with Aggravated DWI after blood test results come back at .16 BAC. Defense challenges administrative suspension pending trial. Six (6) month administrative license suspension vacated when state fails to establish proper chain of custody of blood sample including requisite affidavit from medical technician that drew blood sample at hospital.

Police receive cell phone call from a motorist reporting client is “all over the road.” Officer dispatched where he observes a vehicle matching the description provided by the caller. Client is stopped after taking an “abrupt turn” onto a highway on-ramp. Defense argues that the motor vehicle stop was not based upon a reasonable suspicion of criminal activity as required by the Fourth Amendment in light of “anonymous” cell phone tip. Evidence demonstrates client’s operation consistent with lost motorist. Defense Motion to Suppress Allowed, OUI Charge Dismissed.

Client stopped for failing to use directional at a rural intersection shortly after 1:00 a.m. Arrested after allegedly failing a battery of field sobriety tests. Defense challenges validity of motor vehicle stop where the client’s failure to use the directional did not impede the operation of any other vehicle. Evidence further shows that, prior to the stop, client was observed by police driving a considerable distance without incident. Defense Motion to Suppress Allowed, OUI Charge Dismissed.

Client stopped for speeding driving home from bachelor party. Police allege defendant failed standard field sobriety tests and refused to respond to request for breath test, giving the arresting officer only fifteen minutes of silence. Defense challenges validity of field tests and points out police officer’s failure to record any facts in his narrative report that supported client’s sobriety. Best Man and friends and family establish defendant’s responsible drinking pattern inconsistent with impairment. Not guilty verdict following trial.

Client stopped by police for alleged erratic operation initially reported by citizen cell-phone witness. Police video records roadside encounter including field sobriety tests. Defense excludes evidence of .291 BAC on preliminary breath test due to police failure to properly advise client of statutory warnings regarding voluntary preliminary breath test at roadside. Defense excludes evidence of .22 BAC intoxilyzer test result due to police failure to maintain strict twenty minute observation period of defendant before test. Evidence of client’s prior Massachusetts court appearance on OUI charge insufficient to prove second or subsequent offense. Not guilty verdict on Aggravated DWI complaint and Subsequent DWI complaint following trial.

Client stopped by police officer working traffic detail outside local bank on Saturday morning. Passing motorist informed officer that she saw client drinking from bottle in truck while waiting in line of traffic. Officer alleges client displayed red-bloodshot eyes and odor of alcohol and failed four out of five field sobriety tests. Preliminary breath test instrument reveals .08 BAC at roadside. At trial Defense excludes reference to two of field sobriety tests due to lack or reliability and evidence of preliminary breath test is inadmissible. Not guilty verdict following trial.

Police stop client’s vehicle after clocking him at 80 m.p.h. on a busy highway and allege that he failed to pull over in a timely manner, straddling the breakdown lane for an unusual amount of time before finally coming to a stop. Police note slurred speech, glazed and red eyes, and a strong odor of alcohol. Officer administers four field sobriety test and then places client under arrest. Subsequent search of the vehicle reveals five empty beer cans under the driver’s seat, including one open container cold to the touch. Defense challenges reliability of field sobriety tests performed on busy highway and that strong odor of alcohol indicates recent consumption, but not any particular level of impairment. Not Guilty verdict following trial.