Category: DUI Case Results

MA Driver stopped by NH Police for speeding violation. Officer notes odor of alcohol, glassy/bloodshot eyes and slurred speech. Driver exits and participates in field sobriety testing. Post arrest breath test is .13. Defense is prepared to challenge field sobriety test reliability given driver’s age and physical limitations as well as admissibility of post arrest breath test. DUI charges dismissed prior to trial. Lifetime Lookback consequences of Melanie’s Law avoided for MA resident.

Police stop driver for entering construction area against “road closed” signage. Officer detects both an odor or marijuana and alcohol and notes driver’s slurred speech. Driver completes field sobriety testing but refuses breath test. Defense points out driver passed one leg stand test and utilizes booking video to show driver’s demeanor, balance and orderly appearance. Not guilty verdict following trial.

Police find client’s vehicle off the highway in the middle median stuck in the snow. Officer notes driver’s slurred speech and an odor of alcohol. Officer alleges driver struggles to climb from vehicle and walk through snow to roadway due to unsteadiness. Defense prepared to argue frigid conditions were not ideal for field sobriety testing and lack of evidence on issue of operation. DUI charge dismissed prior to trial.

Police respond to scene of reported single car accident. Driver is seen exiting car to inspect damage to front end. Police note odor of alcohol and driver’s admission to consuming “2 shots of Patron.” No additional signs of impairment are noted by officer, but driver does do poorly on standard field sobriety tests. Defense files and argues Motion to Suppress continued detention due to lack of reasonable suspicion. Motion is denied during trial, but defense challenges validity of field sobriety tests and uses booking video to show driver’s sober comportment and breath test refusal explanation. Not guilty verdict following trial.

Police stop driver for hitting inside fog line. Driver claims he was reaching for phone on seat. Driver admits to drinking one beer after work and participates in standard field sobriety tests. Only indicator is poor driving behavior and odor of alcohol. After tests driver admits to 2 beers. Post arrest breath test result .10 Defense files and is prepared to argue Motion to Suppress Exit Order and Motion to Suppress post field sobriety test statements. DUI charges are dismissed as part of negotiated disposition just prior to trial.

Police respond to report of domestic disturbance and find driver on side of road waiting for his wife who has walked off following verbal argument. Police note odor of alcohol and defendant admits to drinking earlier. Arrest follows standard field sobriety tests and .09 BAC is reported on breath test machine at station. Defense negotiates dismissal of OUI charge. Earlier BMV suspension also vacated for lack of prosecution by police.

Police stop young operator for driving unregistered ATV without headlights and speeding off to avoid arrest. After stop Officer claims driver is heavily slurring his words and reeks of alcohol. Unopened nip bottles found on driver after arrest. Refusal of field sobriety tests and breath test inadmissible. Defense utilizes booking video to demonstrate clear speech and sober behavior minutes after arrest. Not guilty verdict following trial.

Police respond to report of unruly patron leaving establishment who is intoxicated as relayed by bar staff to Police Officer working bar detail. Description of vehicle and patron lacks detail. Police stop similar vehicle with similar looking male for making wide turn. Driver denies being involved in altercation with staff, or even coming from bar. Open container in plain view in cupholder. Two separate officers give conflicting reports of driver’s appearance. One claims he appears impaired, the other notes he simply looks tired. Detail cop arrives and identifies driver as same person who left bar earlier. Driver refuses field sobriety testing and post arrest breath test. Defense prepared to argue Motion to Suppress arrest for lack of probable cause to arrest for impaired driving. DUI charge dismissed prior to trial.

Police respond to report of domestic argument near the beach and vehicle leaving the scene with the involved parties. Officer spots described car and stops it without seeing any moving violations, but notices cracked windshield after stop. Officers separate the driver from her boyfriend passenger to get stories. Police note driver displays a slight odor of alcohol, consistent with her admission of one drink earlier. Despite no further evidence of impaired driving or domestic violence police detain driver for field sobriety testing, arrest her, and she later submits to post arrest breath test with .10 BAC result. Defense prepared to argue Motion to Suppress illegal expanded detention for DUI investigation. DUI charge dismissed prior to trial.

Police respond to a report of a man threatening self-harm during a confrontation with his estranged wife at her home. Police respond to his last known address ½ hour later and remove him from his home and immediately place him in handcuffs. The vehicle he was reportedly driving earlier is found in the driveway, still warm, with an open container of beer inside. The driver admits to drinking earlier, but denies he drove home, he also refuses all field test and a post arrest breath test. The request for field sobriety tests is not preceded by implied consent warnings following the arrest. Police note odor of alcohol, droopy bloodshot eyes and unsteadiness. Defense prepared to argue Motion to Suppress Statements/Admissions in violation of defendant’s Miranda rights. DUI charge dismissed prior to trial.