Category: DUI Case Results

Client stopped for stop sign violation. Officer notes odor of alcohol and slurred speech. Client unable to submit to standard field sobriety tests due to disabling injuries to his joints and legs. Not guilty verdict following trial.

Police respond to report of hit and run property damage accident. Client subsequently arrested in his home by investigating police officers. Defense challenges validity of entry into home and arrest without a warrant. Prosecution cannot show that police obtained consent of residents prior to entering home Motion to Suppress allowed, charges dismissed.

Marine Patrol stop for navigational light violation. Client passes routine safety check for eqiupment by patrolman then admits to “only two beers, because I’m the designated driver.” Officer detects no odor of alcohol, slurred speech or red/glassy eyes. Defense Motion to Suppress is allowed. Further detention to investigate possible BWI offense is illegal without additional evidence to support hunch by Officer that boat operator is impaired by alcohol. Charge dismissed.

Marine Patrol stop for navigational light violation. Officer notes odor of alcohol, slurred speech and unsteadiness. Client arrested and charged with Boating While Intoxicated (DWI penalty with same loss of driver’s license). Defense Motion to Dismiss allowed as state did not identify client as person listed in complaint.

Client stopped by police for speeding and arrested for DWI following standard field sobriety tests. Subsequent breath test results are .19 and .17 BAC. Prosecution charges Aggravated DWI for BAC result over .16 (mandatory penalty includes 1 year loss of license). Defense focuses on accuracy of breath test results in light of machine operator’s deviation from standard procedures for test. Client found not guilty on Aggravated DWI complaint following trial and avoids enhanced penalties.

Driver stopped for marked lanes violation. Police smell odor of alcohol and arrest client for Operating Under Influence following field sobriety tests. Second officer on scene conducts search of interior of vehicle after client placed in custody and finds various items including a marijuana pipe, hand rolled joint and a bag of marijuana. Court holds search of vehicle is illegal and items found are suppressed as evidence. Defense successfully argues that prosecution did not meet burden of showing search was conducted pursuant to an established and written police department policy regarding searching and securing vehicles to be towed. OUI charge to proceed to trial.

Not guilty verdict following jury trial. Police activate blue lights and stop client .9 miles from where officer first observed marked lane violation. Client drives wrong way down marked one way street. Officer conducts standard field sobriety tests and alleges client fails tests while being unsteady on his feet, stumbling and falling down. During cross exam officer admits that client was barefoot during tests on darkened, slopped roadway and necessary procedures for tests were not followed. Further admits that client’s fall and stumble were actually limited to client reaching out with hands to regain balance.

Not guilty verdict following jury trial. Client found at scene of one car accident at 4:00 a.m. with car on snow bank into telephone pole. Admits to responding officer that she consumed champagne earlier in night. Arrest follows battery of field sobriety tests. Officer admits on cross exam that the results of field sobriety tests not necessarily valid for client based on her weight, high heels and freezing temperatures at scene.

Client charged with OUI, second offense, after police officer finds him stopped, asleep at traffic light with hands on wheel and foot on break at 2:30 a.m. Officer admits on cross exam that defendant passed one of two standard field sobriety tests. Defense offers testimony from independent witnesses that defendant was not impaired by alcohol. Defendant testifies that he was extremely tired at the end of a 21 hour day without rest and that four (4) officers present during field sobriety tests interfered and interrupted him during second test. Not guilty verdict.

Client stopped at 2:00 a.m. for executing u-turn and squealing his tires into turn several blocks later. Officer detects odor of alcohol from driver who admits to “two or three beers”. Results of standard field sobriety tests marginal, although officer deems client’s performance a failure of each test, noting slurred speech and unsteadiness on feet. Defense uses booking tape to show client is articulate, steady, polite and cooperative shortly after the arrest. DWI Complaint dismissed.