Category: DUI Case Results

Driver stopped on outstanding arrest warrant. Police notice odor of freshly burnt marijuana emanating from vehicle and driver and find small amount of drug in door panel pocket. Police allege driver is lethargic with glassy, red, bloodshot eyes. Arresting officers are not “drug recognition experts” certified in drugged driving detection or special validated field testing for this purpose. OUI Drugs charge dismissed due to lack of evidence of erratic operation and lack of expert testimony.

Driver involved in minor traffic accident after leaving friends house where she watched football but consumed no alcohol. Police allege odor of alcohol and poor performance on field sobriety tests and arrest driver for DWI. Driver refuses to submit to breath test over concerns that her inhaler medication may affect results. Driving privileges suspended for six (6) months. Defense requests hearing on this administrative suspension and appears with witnesses to challenge all aspects of suspension. Arresting Officer fails to appear, suspension vacated, driving privileges restored.

Client is driving a close friend and another acquaintance. Friend is highly intoxicated and opens door of pickup truck without warning, falls to street and suffers life threatening injuries. Due to rural, secluded location client attempts to drive friend to hospital but is stopped by responding police and removed from vehicle at gun-point. After friend is transported to hospital by med flight, client admits to police that he drank “one beer”. Police allege client failed field sobriety tests and charge him with OUI Causing Serious Bodily Injury. Defense obtains directed verdict on Serious Bodily Injury element as there is no evidence that defendant caused victim to fall from truck. Jury returns not guilty verdict on remaining OUI charge.

Police respond to one car accident and find car flipped over snow bank resting on its roof. Client admits to driving vehicle and consuming three beers at local bar, but can’t recall location or name of bar and appears confused. Defense excludes admissions in Motion to Suppress. Defense contends that client’s demeanor and unsteadiness due to injuries from crash. Client found not guilty following trial.

Client stopped by police for speeding infraction but no other erratic operation. Police note odor of alcohol, red, glassy eyes, unsteadiness and difficulty with balance and coordination. Admits to consuming “two beers”. Defense introduces client’s medical records to establish long history of degenerative arthritis in back, knees and ankles to explain 51 year old man’s struggles with standard balance coordination field sobriety tests. Friend testifies for defense that she kept only two beers in her house for beef stew broth and these were the only beers consumed by client before he left her house.

Police find abandoned SUV rolled onto its roof at 2:30 a.m. Officer responds to home of registered owner where mother allows officer to enter home to speak to her son. Client appears in boxer shorts and admits to officer that he was driving car but claims he fell asleep at wheel, did not have cell phone to call police and was picked up and driven home by a good Samaritan. Officer continues to question client in his kitchen, conducts field sobriety tests and arrests client in his home for DWI. Defense Motion to Suppress allowed. Officer had no grounds to continue interrogation and detention in home where defendant denied drinking, was responsive and coherent and officer did not detect odor of alcohol, slurred speech or see any unsteadiness or sway. All evidence following initial questioning including field sobriety tests and subsequent .10 Breath test excluded. DWI Charge Dismissed.

Police respond to single car accident and find truck plowed into tree. Client found some distance away from vehicle, bleeding from head injury. Officer detects odor of burnt marijuana and client allegedly states that he “fells like someone slipped him a roofie.” Search of truck discloses marijuana pipe with pot residue. Defense prevails on Motion to Suppress excluding contraband found during search of truck. Not guilty verdict at trial on OUI Drugs charge.

Police respond to one car accident and bystanders identify client as driver of car involved. Client tells police that he is unwilling to submit to field sobriety tests because he “just smoked a joint”. Defense excludes statement from evidence as it was shown not to be the product of a voluntary waiver of his right to remain silent. Charge dismissed for lack of evidence on drug use.

Driver traveling at high rate of speed loses control and crashes off road where he is knocked unconscious. When client regains consciousness, he begins to struggle with responding police and EMTs, whom allege client is belligerent, combative and smells of alcohol. Client transported to hospital without first submitting to field sobriety or breath tests. Charge dismissed where evidence leads to equally reasonable inferences that client’s demeanor and actions were caused by serious head injury as opposed to alcohol consumption.

Client’s vehicle stopped by police for BOLO (be on lookout for) following alleged fight at outdoor gathering. Client admits he witnessed fight where he was pepper sprayed and had a few beers earlier. Following field sobriety tests client is arrested and charged with DWI. Defense prepared to exclude both preliminary and standard breath test evidence at trial. DWI charged dismissed prior to trial.