Category: DUI Case Results

Police respond to single car roll over accident. Witnesses at scene inform police that driver had definitely been drinking. After arrest driver responds to police questioning and states that he had “too much” to drink. Defense successfully suppresses admission due to lack of Miranda warnings and argues poor performance on four field sobriety tests is attributable to trauma from crash. Not guilty verdict following trial.

Police approach vehicle stopped in breakdown lane mid afternoon. Officer detects odor of alcohol and slurred speech. Subsequent search of vehicle uncovers opened bottle of vodka. Cruiser mounted video depicts driver exiting car and engaging officer in lengthy conversation about his serious back injury and refusal to submit to field sobriety tests due to disability. Defense Motion to Dismiss DWI charge based on insufficient evidence allowed.

Driver stopped for operating unregistered motor vehicle. Police officer detects odor of alcohol, slurred speech and red, glassy eyes. Driver admits to consuming “five beers” but does not state over what period of time he drank beers. Driver refuses to submit to field sobriety tests. During booking police ask driver whether he is member of, or affiliated with gangs. Client states he is member of “Budweiser Drinkers of America Club.” Defense focuses on lack of evidence of erratic operation or unsafe driving. Not guilty verdict following trial.

Police stop vehicle for speeding at 12:30 a.m. Client admits that she consumed “two margaritas” Officer notes unsteadiness upon exit from vehicle, red, glassy eyes and slurred speech. During standard field sobriety tests driver informs officer that she suffers from vertigo and cannot complete balance portion of tests. State offers evidence of preliminary breath test result at scene of .096 BAC. State admits client’s refusal of subsequent intoxilyzer breath test at station. Defense challenges accuracy and reliability of single preliminary breath test and field sobriety tests in light of diagnosed vertigo. Not guilty verdict following trial.

Tow truck operator loses towed vehicle due to hitch failure causing collision with oncoming vehicle. Responding EMT tells police that he smells alcohol on tow truck driver’s breath. Officer alleges that client failed three standardized field sobriety tests and then submitted to a breathalyzer test with a reading of .10. Defense argues that client’s performance on the field sobriety tests is adversely affected by the stress of the accident and police presence. Government witnesses fail to explain how breath test results convert to illegal blood alcohol content as required by drunk driving statute. Not Guilty verdict following trial.

Police officer responds to the scene of a single-car accident at 2:30 a.m., where he finds client’s motor vehicle in the woods some 310 feet from the roadway. Officer detects strong odor of an alcoholic beverage, unsteady gait and slow deliberate “swollen tongue” speech. Client admits to drinking “five beers” before accident and is then transported to hospital. Receives notice of criminal charges several days later. No evidence of field sobriety tests nor was client asked to submit to breath or blood test. Defense argues statement regarding the consumption of alcohol is insufficient to prove guilt without evidence establishing time of consumption. Not Guilty following trial.

Client stopped by police for weaving within lane and failure to signal turn. Driver admits to having one (1) beer earlier in the evening during Patriots Play Off game party before driving two guests home as designated driver. Arresting officer alleges client failed battery of standard three field sobriety tests. Defense focuses on reliability of one-leg stand and walk and turn tests requiring balance when client wore four (4) inch high heel pumps throughout testing sequence and performed reasonably well on major parts. Not Guilty verdict following trial.

Client arrested for DWI and advised by original counsel to plead guilty because police report is “one of the worst” he’s ever seen. Two weeks before trial Client changes lawyers. Defense presents evidence of client’s actual consumption (2 beers) with restaurant receipt. Field sobriety testing undermined with evidence of client’s prior leg injury and snowy cold testing conditions. Both defendant and companion testify regarding their activities on evening of arrest and actual sobriety. As a mechanic, client contends that he refused breath testing only because of his prior experience with faulty machinery and measuring devices. Not Guilty verdict following trial.

Police observe client’s vehicle pull into the secluded driveway of a closed business in the early morning hours. Officer knows owners of business and does not recognize the car with out of state plates. Officer activates lights, blocks in subject car and exits to speak with the driver to investigate. Defense Motion to Suppress initial detention denied. Driver claims to be lost and stopped to make cell phone call for directions. Officer alleges client failed field sobriety tests and refused breath test. Defense cross exam focuses on snowy conditions and client’s pre-existing knee injury as factors causing difficulty with standard balance coordination tests. Not Guilty Verdict after trial.

Client rear-ends vehicle in heavy traffic on rotary. Responding police officer is told by other driver that client smells of alcohol. Client subjected to a series of filed sobriety tests, including the alphabet, which she allegedly fails to properly recite on three occasions. Defense cross examination demonstrates that the odor of alcohol is not an indication of any level of impairment and that the client’s fear, nervousness and embarrassment could cause difficulty with field sobriety testing. Not Guilty Verdict after trial.