Category: DUI Case Results

Police stop vehicle on highway for numerous marked lanes violations. The driver admits to being lost and distracted by an argument with his passenger and struggling to see the road through a fogged windshield. The officer notes an odor of alcohol, red/glassy eyes and somewhat slurred speech. Driver struggles with field sobriety tests, but also discloses several longstanding medical conditions with his hips and legs. Pre-tow search of car discloses cooler with many unopened beers, including non-alcoholic beers. DUI charge dismissed prior to trial.

Driver is stopped by police for speeding in excess of 30 MPH over posted limit. Officer engages driver in conversation and she admits to speeding, but is in a rush to pick up a friend. Officer notes only a strong odor of perfume. When officer returns with citation, he asks further questions and learns the driver is coming from a club in Massachusetts. Driver admits to drinking earlier and then fails field sobriety tests upon exit. Post arrest breath test .13 BAC. Defense files Motion to Suppress, lack of indicia of impairment to extend roadside detention and investigation after purpose of stop end. Officer’s arrest report also contains obvious mistakes including cut & paste information from another arrestee’s breath test sequence. DUI and Aggravated DUI charges dismissed before trial.

Police stop truck for center line violation. Driver admits to a having a couple of beers with dinner after going to pick up and drop off his friend. Police note odor of alcohol, glassy/red eyes and somewhat slurred speech. Driver arrested after field sobriety tests. Defense prepared to use cruiser video to establish driver’s decent performance on field sobriety tests. DUI charge dismissed prior to trial.

Law Enforcement monitoring huge flotilla of vessels on sandbar. Officers start to issue citations for illegal rafting where more than two (2) vessels are lashed together. Client engages with Patrol Boat Officers on three (3) separate occasions after he is cited to discuss and challenge the alleged rafting violation or ask for registration/license documents he feels officers kept. Only upon third encounter do officers note any signs of impairment. Client arrested after field sobriety testing on Marine Patrol vessel. Refuses post arrest breath test. Defense prepared to argue Patrol lacked grounds to detain client for BWI investigation. BWI charge dismissed prior to trial.

Police respond to 911 call describing pick up truck with lane control issues. After finding and following vehicle police conduct motor vehicle stop. Only indicator of impairment is an odor of alcohol. Driver denies, but later admits to one (1) beer hours earlier. Following exit order and failed field sobriety tests driver is arrested for DUI. After two (2) different local Police Departments deny use of breathalyzer due to COVID concerns, driver refuses blood test at hospital, also for COVID concerns. Defense files Motion to Suppress Exit Order based on lack or reasonable suspicion of impairment. DUI charge dismissed prior to trial.

Several police officers and fire/EMT respond to scene of single car crash into tree. Police allege driver is displaying signs of impairment during her medical exam with EMTs on scene, including unsteadiness and confusion with the medical treatment refusal process. Police follow driver to hospital and seek her consent for blood draw, which she refuses. Police later seek warrant for hospital blood results. Defense reviews cruiser and body camera footage, where officers openly discuss the fact that they don’t see any signs of impairment. Defense files Motion to Suppress Probable Cause to Arrest before blood results are reported in excess of .20 BAC. DUI charge dismissed prior to trial.

Police stop vehicle just past 1:00 a.m. for speeding. Police note driver is displaying slurred speech an odor of alcohol and difficulty handling license and registration. Driver claims she is coming home from work. Police ask dispatch to call her place of employment, confirming she left work at 11:45 p.m. Driver admits to stopping at bar on way home and having a couple of beers. Police ask for filed sobriety tests but are limited due to driver’s disclosure of hip defect with obvious limp. Portable Breath Test result .103 BrAC. Post arrest breath test result .07 BrAC. DUI Charge dismissed prior to trial.

Police respond to single car accident with car off the road into tree. Driver claims she hit patch of black ice. Police notes extreme cold but does not find any ice on road. Only after driver is cleared medically by EMTs, Officer says he detects “slight” odor of alcohol. Driver admits to having one drink earlier and she is detained for field sobriety tests. Arrest follows field sobriety tests with breath test result at station of .10 BrAC. Defense files Motion to Suppress continued detention for DUI investigation without reasonable suspicion of crime. DUI charge dismissed prior to trial.

Police stop pick-up truck for making wide left turn. Driver claims he is coming from daughter’s house and police note odor of alcohol, glassy eyes and mumbling slurred speech. Driver completes field sobriety tests, but comments repeatedly that he can’t do balance/walking test ‘’even when sober” due to back and knee problems. After arrest driver tells police he left his wallet at “Legion.” Defense prepared to use cruiser video at trial to depict defendant’s appearance, speech, demeanor and performance of field sobriety tests. DUI charge dismissed prior to trial.

Police Officer stops to investigate car stopped in breakdown lane with male and female outside car verbally arguing. Officer notes female has blood on her face and hands and is intoxicated. Multiple officers respond to investigate potential domestic violence offense. It is determined that verbal argument ensued between two and female suffered bloody nose. Police arrange for parties to depart scene in separate vehicles, finally turning attention to driver, who admits to having drinks earlier. Police only notice odor of alcohol coming from vehicle and driver was otherwise cooperative throughout the investigation at roadside without exhibiting indicators of impairment. DUI arrest follows after driver submits to field sobriety tests. Defense prepared to argue Motion to Suppress alleging police lacked grounds to further detain driver and investigate DUI. DUI charge dismissed prior to trial.