Category: DUI Case Results

Police allege client drove while impaired by alcohol in parking lot outside condominium complex causing minor property damage to second vehicle. Following field sobriety testing and arrest police allegedly advise client of his implied consent rights regarding alcohol breath testing. Police seize license and issue temporary 30 day driving permit to be followed by 180 day suspension for client’s alleged refusal of breath test. Defense requests hearing on administrative license suspension (ALS). State fails to timely file “sworn report” setting forth grounds for arrest and alleged chemical test refusal. 180 day suspension vacated.

Client stopped at 1:44 a.m. for speeding. Officer detects odor of alcohol and some slurred speech and testifies that client failed three (3) of his field sobriety tests. Officer admits on cross exam that client did thirty second one leg stand test perfectly and did not exhibit much difficulty with balance, coordination or speech during remaining tests. Client breath test results are .13 BAC 11/2 hours after arrest and evidence supports inference she consumed alcohol only after 1:00 a.m. Officer admits that client’s peak BAC would occur 45 minutes to 1 ¼ hours after last drink if she had consumed alcohol between 1:00 a.m. and 1:30 a.m. Defense argues that rising BAC had not reached legal limit of .08 by 1:44 a.m. and evidence of field sobriety tests supported this conclusion. Not guilty verdict following trial.

Police find client standing near scene of one car accident. Officer determines client was driver of vehicle and was operating while intoxicated but decides to place her in “protective custody” while he investigates vehicle’s involvement in earlier accident. Client released from police station with out being charged, booked or issued a citation putting her on notice of OUI charge. Defense Motion to Dismiss OUI charged allowed for police failure to issue citation at time and place of offense.

Client stopped by Marine Patrol for navigational lights violation, subsequently arrested for BWI and fails breath test. Defense Motion to Dismiss allowed on trial date when State was not able to proceed with necessary witnesses trained and certified in field sobriety testing to establish probable cause for arrest. Only available witness was a trainee officer not certified in all aspects of BWI investigations and field sobriety tests.

Client stopped and arrested for DWI, hires counsel and enters not guilty plea requesting trial. Six month administrative suspension due to begin thirty days after arrest based on .13 breath test. Defense requests administrative review hearing challenging validity of breath test results. Defense finds that requisite documents certifying calibration and maintenance of breath test machine and attached simulator device do not match equipment serial numbers on record of breath test. State cannot validate test results pursuant to controlling administrative rules. Six month administrative suspension rescinded.

Client stopped for speeding. Officer notes strong odor from car and finds a half-empty can of beer hidden in the console. Officer testifies client failed three standard field sobriety tests. Defense focuses on reliability of tests using scene photos to cross examine the arresting officer. Client testifies to consuming 3-4 beers while playing pool after a 12-hour work day. Not guilty verdict following trial.

Police officer watches client enter passenger door of pick up truck and then run around to driver’s side to enter and start truck. Truck leaves store parking lot “expiditiously” but then pulls into 7-Eleven parking lot in an “evasive” manner. Officer waits to pull truck over in traffic to determine identity of driver and registered owner information. Driver charged with DWI following stop. Defense Motion to Suppress allowed, officer lacked reasonable specific facts support stop for criminal activity. DWI complaint dismissed.

Police officer observes client swaying and staggering on sidewalk in vicinity of local bar at 1:00 a.m. Weather is cold with ice and snow on ground. Officer decides to circle block to pick up client and drive him home. Officer sees client behind wheel of truck exiting parking garage but continues by and allows truck to exit. Officer runs registration plate through cruiser on board computer to confirm ownership as truck continues on with no erratic operation or equipment violations. Subsequent stop of vehicle deemed illegal when observations only gave rise to mere suspicion or hunch that driver was impaired by alcohol. Pre-trial Motion to Suppress allowed.

Police respond to single car accident with telephone pole. Driver admits to “losing control” of car. Officer detects odor of alcohol from driver and administers field sobriety tests which in his opinion driver fails. Defense challenges validity of test results given poor lighting and wet snowy conditions at scene. Defense offers breath test results of .06 BAC to contradict officer’s opinion that driver was impaired by alcohol at time of accident. Not guilty verdict at trial.

Client stopped by police for alleged marked lanes violations and speeding. Officer testifies that client failed five field sobriety tests. Cross exam establishes that client actually passed three of the standard tests and the remaining two tests are not validated tests for detection of impairment by alcohol. Defense excludes breath test result of .12 BAC due to lack of valid implied consent procedure. Not guilty verdict at trial.