Category: DUI Case Results

Police observe a car in the parking lot of a local business in the early morning hours. Police allege the business had been the victim of recent vandalism. Police approach and detain the vehicle and its driver. Driver exhibits numerous signs of intoxication, fails field sobriety tests and submits to a breathalyzer test at the station which shows a .14 BAC. Defense files a motion to suppress the evidence obtained from the stop and argues that client’s car was seized without a reasonable suspicion of criminal activity as required by the Fourth Amendment. Defense Motion allowed, OUI charge dismissed.

Motorist reports via cell phone that she is following a car for several miles and witnessed it repeatedly drift off the road and into the oncoming lane of travel. Police stop the same car after observing it almost strike a mailbox. Officer detects a strong odor of alcohol coming from the vehicle and administers field sobriety tests which, in the officer’s opinion, the client failed. Defense demonstrates that the client had worked all night as a waitress serving alcohol and argues that the erratic operation and the performance on field sobriety tests were result of extreme fatigue and not intoxication. Not Guilty verdict after trial.

Police take notice of car driving below speed limit with headlights flashing constantly from high to low beam. Patrolman follows driver for 1.4 miles sees three marked lanes violations. Following stop officer notes odor of alcohol, slow and slurred speech and admission to “a few drinks” from driver. Officer testifies that driver refuses to complete two standard field sobriety tests due to serious back injury and failed two other tests. Defense challenges validity of remaining field sobriety tests, offers medical records to confirm debilitating back injury and independent witness to confirm driver’s sobriety. Not guilty verdict following trial.

Police observe driver proceeding 7-10 mph in 25 mph zone. Driver followed and police observe two improper turns and weaving. Officer approaches and notes strong odor of alcohol, glassy red eyes and slurred speech. After having trouble with three field sobriety tests driver tells officer, “Ok, you got me, I’ve been drinking…l”m done.” Defense presents evidence that extremely foggy conditions were cause of erratic driving and driver’s advanced age and physical limitations affected his ability to complete standard field sobriety tests. Not guilty verdict following trial.

Client stopped at 1:45 a.m. for speeding. Police officer detects odor of alcohol and client’s eyes to be bloodshot and glassy. Client subsequently fails four standardized field sobriety tests. Defense excludes evidence or reference to two tests including single preliminary breath test of .16 BAC. Defense challenges relationship between the remaining balance/coordination tests and a person’s ability to drive a car safely. Defense establishes that client exhibited good control over the vehicle despite the excessive speed. Not Guilty following jury trial.

Police respond to report of vehicle striking toll booth barrier at slow speed. Driver speaks limited English but is able to complete some field sobriety tests including the one legged stand which he does perfectly. After arrest implied consent rights for breath test explained to driver via international long distance operator utilizing speaker phone. Driver submits to breath test with .15 BAC. Defense excludes breath test results for lack of foundation that implied consent law followed (without international operator available as witness government cannot submit results). Not guilty verdict following trial.

Police respond to scene of two car accident at intersection controlled by traffic light at 5:00 p.m. Defendant admits that she missed red light and that she had two beers at lunch hours earlier but nothing to drink since then. Police detect odor of alcohol, red, glassy eyes and slurred speech. Field sobriety testing takes place on side of busy main road in town center. Police further allege driver using asthma inhaler as “cover-up” to conceal odor of alcohol in car and on her breath. Defense offers evidence that defendant’s asthma brought on by stress of accident. Defense witnesses establish driver’s sobriety and lack of alcohol consumption for several hours before accident. Not guilty verdict following trial.

Police responding to report of domestic disturbance where female is reportedly highly intoxicated and leaving the scene in a black pick up truck. One police officer en route radios a second officer en route to stop a different vehicle because he thinks it contains the female party reportedly involved in the domestic. Police stop the car not matching the description given by 911 caller. Driver charged with OUI. The Officer that recognized the driver does not appear for hearing on defense Motion to Suppress. His statements to second Officer must be excluded because exception to hearsay rule would violate defendant’s right to confrontation under Sixth Amendment and recent U.S. Supreme Court decision. Motion To Suppress allowed. OUI charge dismissed.

Immigrant driver is stopped for Driving After Revocation for DWI facing mandatory jail term. Suspension is the result of earlier plea to DWI charge that occurred without the benefit of counsel or native language interpreter. Defense challenges earlier DWI conviction on grounds that it is not the result of a voluntary and knowing waiver of constitutional rights. DWI conviction vacated and new trial ordered, mandatory jail sentence and further suspension on new charge avoided.

Defense challenges accuracy and reliability of .09 breath test and validity of field sobriety testing. Driver stopped by police for entering rotary from fast food restaurant without headlights on. Driver admits to officer that he consumed “4-5 beers and a Fenway Frank.” Defense cross exam of breath test machine operator focused on limitations of infrared breath testing and indirect relationship to true blood alcohol levels. Not Guilty verdict following jury trial.