2007 DUI and Drunk Driving Cases, NH & MA

You might not have to plead out! Below is an extensive list of DUI cases and drunk driving cases in MA and NH that might have been plead out if they had been handled by some Attorneys. ButAttorney Bowser will work diligently on your behalf in NH or MA DUI cases and drunk driving cases, and question every single claim of the Prosecution, piece by piece. In the more challenging cases,Attorney Bowser knows how to aggressively take drunk driving cases and DUI cases to trial and win. Let Attorney Bowser protect your legal rights in MA and NH. Call 1-888-526-9737 during the hours of 9AM to 5PM or send Attorney Bowser details of your arrest in the form to the right.

Verdicts and settlements by year

Not Guilty NH Drunk Driving Case

December, 2007

Driver stopped by police as he is seen drinking from an open container of beer while driving pick-up truck. Police note odor of alcohol, red/glassy eyes, open containers and admission to drinking. Defense focuses on client’s performance on field sobriety tests and demeanor during arrest, transport and booking to show lack of evidence of impairment. Not guilty verdict following trial.

NH DWI Charge Dismissed

December, 2007

Police stop client in restaurant parking lot after receiving report of erratic operation from citizen caller. Alleged drunk driver admits to drinking at earlier concert. Field sobriety tests completed and police note that client complained of recent knee surgery complicating his performance on tests. DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

November, 2007

Police respond to scene of single car rollover accident. Client admits to being driver and participates in limited number of field sobriety tests due to head and leg injuries. Police detect odor of alcohol and unsteadiness. Defense prepared to argue observations made by police are consistent with symptoms related to injuries, not impairment by alcohol. DWI charge dismissed prior to trial.

Not Guilty MA DUI Case

November, 2007

Client’s attention drawn away from roadway due to cell phone call. Vehicle collides with two pedestrians at busy intersection witnessed by police. Arrest follows when client does not immediately stop following collision with pedestrian, open container found in passenger’s seat area. Alleged drunk driver admits to drinking and performs field sobriety testing at police station. Not guilty verdict on OUI charge following trial.

NH DWI Charge Dismissed

November, 2007

Client works 16 hour double shift and returns home where he consumes two beers. Client called to pick up and drop off friend, where he later becomes lost. Police stop client for unusual operation and allege he failed field sobriety tests. Defense prepared to argue difficulty with tests attributable to fatigue and driving behavior consistent with lost operator. DWI charge dismissed prior to trial.

Not Guilty MA OUI Charge

November, 2007

Police stop client for speeding. Client admits to drinking but refuses to participate in field sobriety tests and breath test, both inadmissible in Massachusetts proceeding. Client otherwise remains cooperative, polite and responsive to questioning without slurred speech or unsteadiness. Not guilty verdict following trial.

MA DUI Case Dismissed

November, 2007

Several police respond to underage drinking party to breakup party and make arrests. Officer in street observes client vehicle approach area and then stop “abruptly” and drive off in opposite direction. No erratic operation observed by police. Officer stops vehicle with blue lights believing driver may be underage person connected to party. Defense Motion to Suppress stop and arrest allowed as police lacked reasonable articulable suspicion that driver had committed a crime. OUI charge dismissed.

Not Guilty NH DWI Charge

November, 2007

Client stopped by police for marked lanes violation on highway. Police allege client failed field sobriety tests and refused breath test. Defense raises client’s fatigue and illness as factors to be considered when assessing overall performance on field sobriety tests. Defense calls civilian witness to establish client stayed at club only short time and consumed only one (1) beer before calling it a night due to fatigue and illness. Not guilty verdict following trial.

Not Guilty NH Drunk Driving Case

November, 2007

Client stopped by police for speeding mid-afternoon coming home from shop Christmas meeting/party. Client admits to consuming two beers and dose of Nyquil. Open container located in vehicle. Defense focuses on good operation of vehicle and lack of adherence to field sobriety testing protocols. Not guilty verdict following trial.

Not Guilty NH DWI Charge

September, 2007

Client exits home to see her empty vehicle parked across the street from her home surrounded by unoccupied police cruisers. Client walks across street barefoot to retrieve vehicle fearing it was in the process of being stolen. Police exit from wooded area on foot and demand client to stop backing up vehicle. Client admits to drinking earlier in evening. Police allege she fails field sobriety tests and refuses to take breath test. Defense establishes that very short operation of car was reasonable and field sobriety tests were not valid for client with scoliosis and blindness in one eye. Not guilty verdict following trial.

NH DWI Charge Dismissed

August, 2007

Alleged drunk driver stopped by police for weaving short distance from his home. Client admits to drinking wine at a concert earlier in evening. Police allege client is unable to satisfactorily completed field sobriety tests. Defense prepared to use booking video to establish client was coherent, cooperative and appearing sober shortly after arrest. DWI charge dismissed.

MA OUI Charge Dismissed

August, 2007

Client is stopped for alleged lane violations by campus police officer working on special highway safety task force. Client arrested for OUI following field sobriety tests. Defense prepared to argue Motion to Suppress based on illegal stop by campus police beyond legal jurisdiction. OUI charge dismissed when government cannot produce necessary witness at hearing on Motion to Suppress.

MA OUI Charge Dismissed

August, 2007

Police respond to scene to two car collision on highway. Client refuses to participate in field sobriety tests but makes several damaging statements during transport and booking. Defense Motion to Suppress Statements denied, trial scheduled. Government cannot produce necessary witness at trial and charge is dismissed for lack of prosecution.

Not Guilty MA DUI Case

July, 2007

Client stopped at road block sobriety checkpoint. Officer detects odor of alcohol and client admits to having 2-3 beers. Police allege client failed one-leg stand and walk and turn tests. Defense establishes that client passed mental portions of tests by following directions and instructions, attributing physical problems to prior knee injury. Not guilty verdict following trial.

Not Guilty MA OUI Charge

July, 2007

Client stopped after police follow him for two miles observing several lane violations and near collisions with parked cars. Police not inconsistent responses to questions about destination and whereabouts. Client refuses to participate in field sobriety tests, arrested and then cannot complete standard booking procedure. Defense argues lack of evidence of impairment by alcohol and that some other factor may have caused erratic driving. Not guilty verdict following trial.

Not Guilty MA DUI Case

July, 2007

Police respond to scene of rear-end accident. Client appears with odor of alcohol and several cans of beer are found in car. Client admits to drinking beer after work. Police allege client failed three field sobriety tests and then became belligerent questioning arresting officers sexuality. Defense elicits evidence that field tests not conducted properly and that client only became combative after arrest. Not guilty verdict following trial.

Not Guilty MA OUI Charge

July, 2007

Police called to fast food drive thru to deal with disgruntled customer. Accused drunk driver approached by police and unleashes string of profanities refusing to cooperate with field sobriety tests. Search of vehicle discloses bottle of whiskey and cooler full of hard lemonades. Defense focuses on lack of evidence of impairment despite emotionally upset client. Not guilty verdict following trial.

MA OUI Charge Dismissed

July, 2007

Police respond to scene of roll over accident. Passengers state client was designated driver but had drank alcohol earlier in evening. Hospital blood work discloses blood alcohol content over legal limit. Defense prepared to exclude hospital medical records as evidence at trial. OUI charge dismissed.

NH Drunk Driving Case Dismissed

July, 2007

Client stopped for speeding. Officer detects odor of alcohol, flush face and glassy eyes. Officer notes client failed three field sobriety tests. Defense prepared to argue tests not administered in standardized fashion as required by police training. DWI complaint dismissed.

Not Guilty NH DWI Charge

June, 2007

Police stop client for illegal u-turn. Officer notes slurred speech and odor of alcohol, although client denies drinking. Police allege client failed three field sobriety tests and subsequent search of vehicle discloses flask containing alcohol. Defense presents evidence of client’s disability from being born with club feet, discrediting reliability of field sobriety tests. Not guilty verdict following trial.

Not Guilty MA OUI Charge

June, 2007

Client approaches police in parking lot of tavern, engaged in another investigation, and asks if he’ll be arrested if he drives. Client told not to interfere and leaves parking lot in erratic fashion. Police follow and stop client, noting odor of alcohol, unsteadiness and thick speech. Client refuses to submit to field sobriety tests and refuses breath test. Defense argues lack of evidence of impairment. Not guilty verdict following trial.

Not Guilty NH Drunk Driving Case

June, 2007

Client stopped for speeding. Officer detects odor of alcohol, red, watery eyes and slurred speech. Client admits to a “few beers” and later admits to “six or seven” at a Christmas party. Client submits to one field sobriety test but refuses to take any other tests, stating “do what you have to do,” to officer. Defense argues insufficient evidence on intoxication without proof of timeframe when drinking occurred. Not guilty verdict following trial.

Not Guilty MA DUI Case

June, 2007

Police come upon client after witnessing her hit curb causing blow out. Client is dressed only in felt elf’s costume following Christmas caroling party. Client admits to drinking beers over course of evening. Police allege client fails field sobriety tests. Civilian witness corroborates that client was sober when she left party. Husband testifies that client so emotionally upset during arrest that she is physically sick on drive home from police station. Defense attributes less than perfect field sobriety performance to nervousness, fear and embarrassment and frigid conditions without proper clothing. Not guilty verdict following trial.

Not Guilty MA OUI Charge

May, 2007

Police respond to 911 cell phone call of car “all over the road.” After following vehicle for several miles with lights and sirens, stop sticks deployed to disable client’s car. 72 year old alleged drunk driver submits to three field sobriety tests and post arrest breath test discloses .08 BrAC. Officer admits there was no erratic operation during several mile pursuit and field tests not valid for persons over age of 65. Defense argues breath test results are not accurate reflection of true blood alcohol content at time of driving. Not guilty verdict following trial.

Not Guilty MA OUI Charge

May, 2007

Police respond to scene of three car accident. Witnesses involved tell police accused drunk driver caused accident by crossing over center line and striking second vehicle head-on. Client admits to “a few beers” and does not complete alphabet test satisfactorily. Transported to hospital before further tests can be completed. Defense argues client’s appearance, demeanor and performance of alphabet test attributable to trauma from accident. Not guilty verdict following trial.

NH DWI Charge Dismissed

May, 2007

Police stationed in cruisers 200 yards away hear and see SUV vehicle driving erratically between parking lots. Responding to scene they find two parking lot signs knocked down and vehicle matching their observations parked in area and warm to touch. Civilian witness points out group he says left parked vehicle after driving erratically from lot. Police apprehend client near apartment building and place him in handcuffs. Client charged with leaving scene and DWI. Defense prepared to argue seizure of client was an arrest lacking probable cause as to identity of actual driver. DWI charge dismissed prior to trial.

NH Drunk Driving Case Dismissed

May, 2007

Police respond to scene of vehicle off roadway but otherwise unoccupied. Client responds to scene 15 minutes later and claims that he was driver. Police arrest client for DWI following field sobriety tests. Defense prepared to argue that client’s appearance is inconsistent with being driver of vehicle where he is clean and orderly and wreck is buried in wooded muddy area. Lack of evidence to corroborate client’s admission. DWI charge dismissed prior to trial.

Not Guilty Verdict MA OUI Charge

May, 2007

Police come upon client parked in lot speaking on his cell phone at 4:00 a.m. Client asked to step from vehicle and drops cell phone to ground. Police allege client failed one field sobriety test and was argumentative and belligerent during booking process. Defense argues insufficient evidence to prove impaired operation of vehicle. Not guilty verdict following trial.

NH DWI Charge Dismissed

April, 2007

Police stop alleged drunk driver for fog line encroachment and wide turn. Client admits to having two beers and submits to field tests. Defense prepared to argue operation of vehicle was not consistent with impaired driver. DWI charge dismissed prior to trial.

Not Guilty NH DWI Charge

April, 2007

Police observe client drive into breakdown lane and commit lane violations. Driver safely responds to signal to stop and submits to field sobriety tests. Client refuses breath test but communicates willingness to take blood test which is not offered by police. Defense argues that erratic operation consistent with distracted driver not necessarily impaired driver. Not guilty verdict following trial.

Not Guilty MA DUI Case

April, 2007

Client stopped for speeding 2 M.P.H in 40 M.P.H. zone. Driver admits to consuming five beers at local pool hall. Police allege client failed field sobriety tests while presenting slurred speech, red, bloodshot eyes and flush face. Defense focuses on client’s knee injury as invalidating field tests and client’s perfect performance on mental portions of testing sequence. Not guilty verdict following trial.

NH DWI Charge Dismissed

April, 2007

Police respond to scene of single car accident where driver reported striking abandoned vehicle left in breakdown lane. Three passengers present as well, but client admits to being driver at time of accident. Insufficient evidence to confirm client’s admission that he was driver. DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

April, 2007

Client is called to police station to retrieve his friend who is arrested for earlier DWI. During bail release officer inquires whether client was drinking and requests field sobriety tests. Client submits to post arrest breath test .08 BrAC. Lack of evidence of operation. DWI charge dismissed prior to trial.

Not Guilty NH Drunk Driving Case

April, 2007

Client stopped for speeding traveling home from thanksgiving holiday dinner. Arresting officer alleges client failed standard field sobriety tests. Defense offers evidence of harsh cold weather and client’s clothing consisting only of tee shirt and shorts. Client’s mother and passenger testify that client was tired from long trip but not impaired by alcohol. Not guilty verdict following trial.

NH DWI Charge Dismissed

April, 2007

Client losses control on vehicle on wet snow covered roadway and drives into snowbank. Police respond to scene and conduct field sobriety tests. Civilian witnesses cannot support allegation that alleged drunk driver is impaired. Defense utilizes police booking video to establish client’s sobriety. DWI charge dismissed prior to trial.

Not Guilty MA DUI Case

March, 2007

Police respond to scene of single car accident. Client admits to being driver and submits to field sobriety tests despite suffering knee injury in wreck. Subsequent breath test .18 BrAC is excluded due to government’s failure to establish requisite foundation that breath test equipment is compliant with relevant regulations for certification. Not guilty verdict following trial.

Not Guilty MA OUI Charge

March, 2007

Police respond to scene of accident where car is crashed into home causing fire. Client found laying on ground in fetal position. Accused drunk driver admits to drinking all day and is transported to hospital for injuries. Defense argues admission alone is not enough evidence to prove impairment by alcohol under circumstances. Not guilty verdict following trial.

Not Guilty Mass OUI Charge

March, 2007

Client is stopped for speeding, 50 M.P.H. in 25 M.P.H. zone. Officer observes client stumble from vehicle and questions driver. Driver admits that he is coming from Christmas Party and that he has had too much to drink. Client refuses all field sobriety tests. Defense argues insufficient evidence of impairment without field sobriety tests. Not guilty verdict following trial.

NH DWI Charge Dismissed

February, 2007

Police respond to parking lot of apartment complex for a report of domestic dispute and find highly intoxicated driver engaged in heated argument with girlfriend in parked running automobile. Driver fails field sobriety tests and is placed under arrest for DWI. Charge dismissed prior to trial as defense establishes parking lot is part of a gated community requiring access through security entrance, and as such is not a “public way” for purposes of DWI statute. DWI Charge Dismissed.

Not Guilty MA DUI Case

February, 2007

Police stop driver for marked lanes violation on highway. Driver admits that he is driving friend home after visiting “several” local bars. Conduct of field sobriety tests is compromised by training officer interjecting during testing on darkened noisy breakdown lane. Passenger establishes that driver had only a few drinks and was fine to driver. Any erratic operation was caused by joking, laughing and eating take-out food while driving home. Breath-test results of .12 BAC more than one (1) hour after driving are excluded due to lack of government expert witness to establish BAC at time of driving. Not guilty verdict following trial.

NH Drunk Driving Case Dismissed

February, 2007

Driver stopped at 2:00 a.m. for allegedly crossing double yellow line three times in ¾ mile stretch of rural road. Driver admits to having had “a couple” of beers following basketball game earlier in evening but does not display slurred speech, unsteadiness or inability to follow directions. Field sobriety tests are inconclusive and defendant refuses to submit to breath test. DWI charge dismissed prior to trial.

Not Guilty MA DUI Case

February, 2007

Police receive report of erratic operation and locate car matching description following it for period of time observing marked lanes violations. Officer notes driver’s eyes are red and glassy, speech is slurred and strong odor of alcohol. Client is arrested following field sobriety tests and submits to post arrest breath test of .13 BAC. Defense presents expert witness to challenge accuracy of breath test during active “absorption phase” of alcohol metabolism and focuses on operation of vehicle during time police followed vehicle. Further defense argues field sobriety testing results were reasonable given time and location of stop. Not guilty verdict following trial.

Not Guilty NH DWI Charge

February, 2007

Police stop client for failure to dim high beam headlights and allege he failed standard field sobriety tests. Alleged drunk driver testified that he did consume some vodka drinks before driving but failure to dim high beams was result of unfamiliarity with car and poor performance on field sobriety tests was due to his nervousness caused by officer’s inexperience and indecisiveness. Not guilty verdict following trial.

MA DUI Case Dismissed

January, 2007

Driver is stopped for speeding on highway traveling home from Red Sox game. Driver admits to having several drinks over course of evening but fares very well on field sobriety tests. Post arrest breath test result of .20 BAC totally inconsistent with drinking pattern and performance on field sobriety tests. Defense prepared to challenge test results with expert witness only to find arresting officer/breath test operator dismissed from police department for disciplinary reasons before trial. Defense Motion to Dismiss for lack of prosecution allowed.

Not Guilty NH DWI Charge

January, 2007

Police observe vehicle traveling in opposite direction without headlights and when they turn to follow vehicle they notice turn made without signal. Driver stops in response to blue lights by driving up on curb and parking at odd angle on roadside. Accused drunk driver refuses field sobriety testing stating he was “not stupid enough to take those tests.” Police arrest defendant for DWI. Defense argues mere suspicion of DWI without confirming field sobriety tests insufficient to prove impairment beyond reasonable doubt. Not guilty verdict following trial.

Not Guilty MA OUI Charge

January, 2007

Police stop driver after watching her drive in breakdown lane at 1:00 a.m. and then drive upon on curb making U-turn. Driver submits to field sobriety tests and preliminary breath test at roadside discloses .196 BAC. Post arrest breath test result is .19 BAC. Defense expert calls into question accuracy of breath tests in light of inconsistent field sobriety testing. Not guilty verdict following trial.

Not Guilty MA OUI Charge

January, 2007

Police stop 68 year old driver for speeding and detect odor of alcohol, slurred speech and red/glassy eyes. Driver submits to field sobriety tests which police allege he failed. Post arrest breath test of .10 BAC excluded by defense due to lack of certification of breath test equipment. Police admit that field sobriety tests are not necessarily valid for any person over 65 years of age and there was no erratic operation of vehicle beyond speeding violation. Not guilty verdict following trial.

Verdicts and settlements by year

Past successful case results are not a guarantee or promise of a similar result in your case. Each case is factually distinct with various applicable legal standards. Further, as a trial lawyer with the experience of hundreds of completed Jury and Bench DUI trials in Massachusetts and New Hampshire Attorney Bowser understands the risks associated with the adversarial trial process. Any lawyer who claims never to lose cases doesn’t really try cases, especially difficult cases. Anonymous factual/legal summaries are authorized in advance by clients.

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