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DUI Defense Specialist – Board Certified

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Tri State Protection for MA, NH, & ME

board-certified-dui-defense-lawyernew-hampshire-massachusetts-dual-state

Tri State Protection for MA, NH, & ME

DUI Defense Specialist – Board Certified

2014 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

2016 2015

2014

2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001

MA OUI Not Guilty Verdict

October, 2014

Police respond to scene of collision where driver struck parked vehicle and then drove short distance down road before stopping. Responding officers note odor of alcohol, slurred speech and that driver is unsteady on his feet. Despite heavy vehicle damage from impact driver refuses medical attention. He further refuses to answer questions or to participated in field sobriety tests and a post arrest breath test. After he is released the driver is examined and diagnosed with concussion. Evidence of refusal and silence are inadmissible at trial in Massachusetts. Defense utilizes Emergency Room Medical Doctor as expert witness to describe symptoms and effect of concussion, to include unsteadiness, confusion and amnesia. Not Guilty verdict following trial on OUI Charge.

NH DWI Charge Dismissed

October, 2014

NH driver stopped by NH police for a stop sign violation. Driver tells the officer he was unfamiliar with the area and admitted to drinking 3 beers. Officer notes odor of alcohol emanating from vehicle with passenger admitting to drinking as well. Without noting any other indicators of alcohol impairment the Officer requests the driver exit the vehicle for field sobriety tests. Driver is arrested and later submits to .11 BrAC Breath Test. Defense files and is prepared to argue Motion to Suppress detailing officer’s lack of reasonable articulable suspicion that driver was impaired and grounds to prolong detention and request exit for field sobriety tests. DWI charge dismissed prior to trial and hearing on Motion to Suppress.

Not Guilty Verdict MA OUI

September, 2014

Police officers respond to local convenience store for report of intoxicated patron that was just involved in minor collision in parking lot. Police find driver in store buying snacks. He is escorted outside where he reluctantly submits to field sobriety tests after initially refusing same. Defense successfully excludes filed sobriety test evidence based on initial refusal and non- consensual participation. Necessary witness to alleged bad driving fails to appear as witness at trial. Insufficient evidence of intoxication, statements regarding refusal of field sobriety tests excluded, prosecutor cannot prove operation. Not Guilty Verdict following trial.

Not Guilty Verdict MA OUI

September, 2014

Police find young driver sitting in running vehicle behind closed school building in early morning hours. Officers note an obvious odor of alcohol and bloodshot glassy eyes. Driver is arrested following standard fields sobriety tests and submits to .17 Breath Test during booking process. Defense utilizes booking video to establish violation of pre-breath test observation period. Motion to Exclude Breath Test allowed. Not Guilty Verdict following trial.

NH DWI Charge Dismissed

August, 2014

Husband reports to police station to pick up his spouse who has been arrested. Officer notes an odor of alcohol and that the defendant driver admitted to drinking earlier. Police allege driver fails portions of field sobriety tests administered within the custodial area of the station. There is no evidence of erratic or dangerous driving. Driver refused to provide a breath test sample. DWI charge dismissed prior to trial.

MA OUI Drugs Charge Dismissed

August, 2014

Police respond to scene of reported hit and run. Suspect driver is found walking in a nearby parking lot. Police find him mumbling, unkempt and appearing with extremely constricted pupils. Driver fails all field sobriety test but later tests .00 BrAC on breath test. Criminal complaint alleges OUI Drugs Offense. Defense prepared to argue Motion to Dismiss as Prosecutor lacks evidence from a medical professional on any qualified police witness that can state an opinion as to impairment by any controlled substance other than alcohol. OUI charge is dismissed before trial. Lifetime lookback consequences under Melanie’s Law for subsequent offense avoided.

NH DWI Charge Dismissed

July, 2014

Driver stopped for weaving and speeding violations. Police allege driver has bloodshot eyes, slurred speech and an odor of alcohol on his breath. The driver refuses to participate in Field Sobriety Testing and he also refuses post arrest breath test.. Lack of evidence results in DWI charge being dismissed prior to trial.

Not Guilty Verdict MA OU Charge

July, 2014

MA Driver stopped for having an expired inspection but no other erratic operation. Driver admitted to consuming 3 drinks and police note he has bloodshot eyes and an odor of alcohol on his breath. Driver refused both Field Sobriety Testing and Chemical Testing. Evidence of field sobriety test refusal and chemical test refusal inadmissible in MA OUI prosecution. Not guilty verdict following trial.

Not Guilty Verdict MA OUI Charge

July, 2014

Driver stopped for crossing marked lanes on highway. Driver admits to consuming a couple of drinks. Law enforcement administered Standard Field Sobriety Tests and determined that the driver failed the tests. The driver was arrested for Operating Under the Influence. The driver later refused a chemical test. Evidence of breath test refusal is not admissible in MA OUI Prosecution. The suspect testified that he admitted to drinking, though not in the amount the police officer claimed. He further testified that he did not fully understand the instructions for the field sobriety tests due to his hearing loss and highway traffic noise. Not Guilty verdict following jury trial. Lifetime lookback consequences of Melanie’s Law avoided. Three (3) year chemical test refusal (CTR) refusal vacated by Court following acquittal on OUI charge.

NH DWI Charge Dismissed

July, 2014

MA Driver Stopped by NH police for speeding but no other erratic operation. Driver admitted to consuming one (1) beer and had a strong odor of alcohol on his breath. After administering Standard Field Sobriety Tests and determining that the driver failed the tests, the officers arrested the driver for Driving While Intoxicated. Suspect submitted to a breath rest, resulting in a 0.13 BAC. Issue with test is the subject’s documented Gastro Esophageal Reflux Disease (GERD). A hiccup or burp can invalidate a breath test. Defense position is that GERD is a constant burp state with stomach vapors carrying alcohol constantly present in airway, even without burp or regurgitation. DWI charge dismissed before trial.

Not Guilty Verdict NH DWI

July, 2014

Police respond to scene of single car crash with vehicle off road into tree. Client is found outside of vehicle disoriented and unsteady. Police note odor of alcohol, bloodshot glassy eyes and fact that client admits to being driver, but cannot explain how accident happened. Cruiser mounted video records roadside statements and field sobriety tests. Police note driver’s side airbag is smeared with blood and passenger side of windshield is fractured. Defense contends at trial that the defendant’s admission is unreliable and inconsistent with the physical evidence, as he does not have any injuries or lacerations that would account for blood on driver’s side airbag. Further, prosecutor cannot establish time of crash in relation to when police actually arrive on scene. Not guilty verdict on DWI charge after trial.

NH DWI Charge Dismissed

July, 2014

Overnight shift worker stopped mid-morning by police at construction site for failure to signal turn. Officer notes driver is from out of town and he also detects an odor of alcohol from the vehicle and driver’s glassy eyes. After determining that driver is lost and struggling to find correct route home with construction detours Officer offers to retrieve his roadmap and give her directions. When he returns to car he notices the driver is now sobbing. At this point officer begins more intensive questioning that leads to DWI arrest. Defense files Motion to Suppress arguing scope of initial detention was illegally expanded. DWI charge dismissed before trial.

NH DWI Charge Dismissed

July, 2014

Driver is found parked safely in break down lane sleeping behind wheel. Admits to police that he pulled over because he realized he wasn’t feeling safe to drive due to alcohol consumed and fatigue. Following field sobriety tests the operator is arrested and submits to post arrest breath test of .08 BrAC. DWI charge dismissed prior to trial.

MA OUI Charge Dismissed

July, 2014

Driver stopped by police for marked lanes violations. Although driver does reasonably well on some field sobriety tests his post arrest breath test is .15 BrAC. Defense argues, but loses Motion to Suppress Stop and Arrest. Matter scheduled for trial and Commonwealth witnesses fail to appear for second time. OUI charge dismissed for lack of prosecution.

NH Administrative License Suspension (ALS) Vacated

June, 2014

Driver stopped by police and arrested for DWI following routine investigation at roadside including admission to drinking and field sobriety tests. Post arrest booking procedure includes breath testing sequence where Police Officer deems client a “refusal” for his failure to properly follow directions and submit a valid sample. Breath test operator claims client was not blowing hard enough and machine was indicating “insufficient sample.” Actual breath test ticket discloses machine error message for “RFI Detected.” Radio Frequency Interference was cause of machine’s failure to register breath result, not the manner in which the client submitted his breath sample. ALS based on alleged refusal of breath test vacated, driver’s license restored.

NH DWI Charge Dismissed

June, 2014

Police stop driver outside busy downtown nightclub for alleged wrong way violation and failure to signal turn coming out of parking lot. Officer notes glassy/bloodshot eyes and an odor of alcohol coming from driver, but driver refuses field sobriety tests stating, “I’m all right, I’m not drunk.” Driver arrested for DWI. Defense prepared to argue Motion to Suppress challenging basis for stop and Motion To Dismiss for failure to preserve booking video. DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

June, 2014

Police respond to two (2) car crash where one vehicle collides head on with second vehicle travelling in opposite direction on on/off ramp of highway. First car jumped narrow median separating lanes. Driver is questioned by police and admits to having one (1) drink while waiting to pick up Chinese food take out order and that he left lane of travel due to deer in road. Driver refuses to participate in any field sobriety tests due to physical disability and also refuses post arrest breath test. DWI charge dismissed prior to trial. Massachusetts resident avoids potential ten (10) year suspension of Massachusetts license under Melanie’s Law due to prior lifetime offenses well beyond the ten (10) year look back period in New Hampshire for subsequent offenses.

NH DWI Charge Dismissed

May, 2014

Police respond to report of vehicle sliding off road into woods then leaving scene. Police then drive short distance to address where vehicle owner address listed based on reported registration. Home appears empty and vehicle in question not visible. Inquiry at front door results in police entering home without owner’s consent. Police find evidence of underage drinking party and vehicle from crash in garage. Interrogation of minor resident of home leads to admission that he was driver and he left scene of crash in his father’s car. DWI arrest leads to post arrest breath test over legal limit. Defense files Motion to Suppress all evidence based on illegal entry and search of home, including statements made by minor operator and search of garage. DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

May, 2014

Police respond to report of single car accident with car off shoulder of road resting against utility pole. No one is found at the scene of the crash. Police investigation leads to inquiry of vehicle owner found a short distance away at this home. Owner admits driving the car and leaving the scene on foot. Arrested for DWI based on appearance with bloodshot glassy eyes and odor of alcohol. Defense prepared to challenge proof of operation and time of alcohol consumption. DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

May, 2014

Police officer stops vehicle on the highway due to the observations of erratic driving made by another off-duty officer. Officer explains situation to the driver, driver says she was using her phone and had recently been released from the hospital for head trauma. The officer notices the odor of alcohol, field sobriety tests follow. Officer forms opinion that the individual is impaired, and arrests the individual for DWI. Defense utilizes medical records to document recent head injury which presents symptoms often misconstrued as intoxication. DWI Charge dismissed prior to trial.

Not Guilty Verdict MA OUI Charge

April, 2014

Driver is stopped at a sobriety checkpoint by police officers. Officers note that the driver has slurred speech, glassy and bloodshot eyes, and that the odor of alcohol is present. Officers perform field sobriety tests on the driver, results lead to an arrest. Defense calls independent witnesses who were working with the defendant immediately prior to his arrest. Not guilty verdict following jury trial.

NH DWI Charge Dismissed

April, 2014

Police officer stops a vehicle due to a defective driver’s side tail light. Upon making contact with the driver, the officer immediately notices the odor of alcohol coming from the driver’s breath. Officer begins to perform field sobriety tests, and at the conclusion of the tests the officer makes the arrest. Subsequent breath testing and blood testing just below legal limit. DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

April, 2014

Police begin to follow a vehicle after observing the driver turn without using a directional signal. The officers then observe more erratic driving and pull the vehicle over. Officer notes a distinct odor of alcohol and behavior consistent with someone under the influence. Field sobriety tests are conducted, results lead to an arrest. Post arrest breath tests result .15. Defense files motions to exclude the breath test and dismiss criminal complaints due to loss or destruction of exculpatory evidence. DWI charge dismissed prior to trial.

Not Guilty Verdict MA OUI

April, 2014

Police begin to follow a vehicle on the highway after observing inconsistent speed changes and erratic driving. The officer pulled the vehicle over shortly after the driver left the exit ramp. The officer notes a strong smell of alcohol and strange behavior by the driver. The officer also sighted an opened alcoholic beverage in the cup holder. The officer begins standard field sobriety tests but driver refuses to submit to all requested tests. Defense limits testimony regarding refusal of field sobriety test. Not guilty verdict following jury trial.

Not Guilty Verdict MA OUI

April, 2014

Police respond to a report car crash; a driver had lost control of their vehicle and hit a tree on the side of the road. Police find the vehicle and the driver who had sustained a minor lip injury in the crash. The officers note the odor of alcohol on the driver’s breath; driver admits to having a few beers earlier that night, open containers found in vehicle. It was determined that due to the driver’s injuries field sobriety tests would be unreliable. The officers determined that based on their initial findings, the driver’s ability to operate a motor vehicle safely was impaired by alcohol. The officers placed the driver under arrest and accompanied him to the hospital for treatment of his injuries. Defense utilizes emergency room records to contradict police opinion of intoxication. Not guilty verdict following jury trial.

NH DWI Charge Dismissed

March, 2014

Police respond to a call of a minor two car accident in a parking lot. The officer on scene found that a driver attempting to depart from the lot hit a properly parked vehicle on her way out. After speaking to the owner of the parked vehicle, the officer began to speak to driver at fault and noted the smell of alcohol on her breath. Defendant admits to drinking one beverage, later admits to having drank two margaritas. After performing field sobriety tests the officer placed the driver under arrest.. Defense utilizes booking video and history of lower back injuries to challenge officer’s opinion regarding intoxication and suitability for field sobriety testing. DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

March, 2014

Police respond to a call of a single car accident labeled as a vehicle over the embankment. Officers find the driver unharmed but behaving strangely. They note a strong smell of alcohol coming from the driver’s breath and the individual’s noticeable struggle to answer their questions. After conducting field sobriety tests, the officers made the arrest. Defense prepared to argue that stop investigation and arrest took place outside arresting officer’s jurisdiction. DWI charge dismissed prior to trial.

Not Guilty Verdict NH DWI

March, 2014

Police respond to a report of a motor vehicle collision involving a car and a trailer attached to another car. After obtaining accident details from the trailer owner, the police begin to question the other driver and notice slurred speech and the odor of alcohol on his breath. After conducting field sobriety tests, the officers arrest the driver. At trial government cannot establish time of accident without independent civilian witnesses. Not guilty verdict following trial.

NH DWI Charge Dismissed

March, 2014

Police respond to a report of a motor vehicle collision involving two cars. The officers arrive on scene and determine that the driver who was hit was rear ended by a second driver. After talking to the second driver, the driver and her vehicle were towed. After dealing with the first driver, the officers met up with the second driver at the location she was towed to. They notice the odor of alcohol on her breath and that her eyes are droopy and glassy in appearance. After conducting field sobriety tests, the officers make the arrest. Defense challenges opinion regarding intoxication based on initial police contact at scene of incident having gone without arrest or DWI investigation. DWI charge dismissed prior to trial.

NH DWI Drugs Charge Dismissed

February, 2014

Police respond to a call of a person sleeping in their car for a few hours in a parking lot. The officer begin to question the individual, who claimed that she was very tired from driving so she had stopped to eat and rest. The officer asked the driver if she’d be willing to perform field sobriety tests, to which she agreed. Police arrest individual for driving while intoxicated by drugs. Defense utilizes extensive medical record and prescription history to establish that chemical testing of blood only established use of licit and prescribed medications within therapeutic ranges. DWI charge dismissed prior to trial.

NH DWI Drugs Charge Reduced

February, 2014

Police respond to a report of a motor vehicle collision involving three cars. Police begin questioning the driver of the vehicle that caused the crash, noting that his eyes were glassy and that there was a distinct odor of alcohol on his breath. They proceed to conduct field sobriety tests leading to the driver’s arrest. Defense focuses on conflicting identification evidence and statements provided to police by multiple on scene witnesses. DWI charge dismissed prior to trial.

NH DWI Drugs Charge Dismissed

February, 2014

Police begin following a vehicle after driver fails to use directional on a turn. While following the vehicle the driver fails to use turn signal two more times and also neglects to stop at a stop sign. Police pull the car over and after initially questioning the driver the officer suspects him of being intoxicated. The officer conducts field sobriety tests and then proceeds to arrest the driver. Post arrest breath test .15 BrAC. Defense prepared to argue motion to exclude breath test based on violation of twenty minute observation period depicted in booking video. DWI charge dismissed prior to trial.

February, 2014

Police begin following a vehicle on the highway after noticing that the driver is having difficulty staying in his lane. After several occasions in which the driver sways into the breakdown lane, the officer conducts a motor vehicle stop. Upon making contact with the driver the officer notes a strong smell of alcohol as well as the slurred speech and glassy eyes of the driver. After conducting field sobriety tests the officer arrests the driver for DWI. Post arrest breath test .15 BrAC. Defense prepared to argue motion to exclude breath test for violation of administrative testing rules and lack of necessary foundation witnesses, based on defendant’s right of confrontation. DWI charge dismissed prior to trial.

February, 2014

Police conduct a motor vehicle stop after observing the driver having difficulty staying on the right side of the road and having taken a left turn despite a red traffic signal. Upon making contact with the driver the officer notes the odor of alcohol and that the driver is struggling to answer questions. There is also moderate damage to the front end of the car. After conducting field sobriety tests the officer places the driver under arrest. Post arrest search reveals that the driver possessed three different controlled substances leading to felony drug charges. Defense presents evidence of anxiety disorder and valid prescriptions for related medications. Felony drug charges dismissed prior to arraignment. Booking video depicts driver as lucid, steady, and cooperative minutes after the arrest. DWI charge dismissed prior to trial.

MA OUI Charge Dismissed

January, 2014

Police at an OUI roadblock instruct a driver to pull into a nearby parking lot for further questioning after noting the smell of alcohol and that the driver’s eyes appearing glassy. Police ask if the driver will perform field sobriety tests for them, the driver agrees and struggles to get out of the car. At the conclusion of the tests the officers arrest the driver. Post arrest breath test .14 BrAC. OUI charge dismissed for lack of prosecution when government is unable to go forward with necessary witnesses.

NH DWI Charge Dismissed

January, 2014

Police conduct a motor vehicle stop after observing driver on the wrong side of the road. Upon making contact with the driver police note the smell of alcohol and physical appearance/conduct consistent with an intoxicated person. Officer conducts field sobriety tests, arrest follows. Defense prepared to argue motion to suppress based on stop of vehicle and destruction and/or loss of booking video by police. DWI charge dismissed.

NH DWI Charge Dismissed

January, 2014

Officer conducting stationary laser radar enforcement pulls a vehicle over for speeding. While speaking to driver officer notes the individual’s glassy, bloodshot eyes and that an odor of alcohol was coming from the vehicle. After conducting field sobriety tests, including a breath test that read .117, officer arrests the driver. Defense motion to suppress granted court ruling that mere presence of odor of alcohol from the vehicle and the defendant’s bloodshot/glassy eyes were not sufficient grounds to further detain the driver during a speeding stop.

Not Guilty Verdict MA OUI Drugs

January, 2014

Police respond to a call of erratic driving. The officer follows the suspected vehicle observing several motor vehicle infractions including neglecting red traffic signals and crossing yellow lines multiple times. Officer conducts a motor vehicle stop. Officer notes a faint smell of burnt marijuana, asks driver to submit to sobriety testing to which the driver agrees. Officer asks driver to remove hands from pockets on multiple occasions, leading the officer to pat search the individual. Officer discovers bag of material resembling marijuana, driver admits to having smoked marijuana prior to operating his vehicle. Officer conducts sobriety tests, arrest follows. Defense limits officer testimony regarding standardized field sobriety testing, as they were not designed or promulgated to detect impairment by marijuana. Defense further limits officer’s ability to render an opinion as to impairment by marijuana. Not guilty verdict following trial.

Not Guilty Verdict NH DWI

January, 2014

Police respond to a call of an individual in violation of a bail protection order. Police arrive on scene at the address finding a vehicle parked there. Officers make contact with the residence owner and form the opinion that she was intoxicated. They then proceed on foot in search of the individual in violation of his bail order. Another officer later notices vehicle that was parked at the residence driving and pulls the vehicle over. Officer identifies driver as the owner of the residence involved in the bail order, also notes the driver’s slurred speech and glassy eyes. Officer conducts field sobriety tests, place driver under arrest. Defense utilizes cruiser mounted video of stop and field sobriety testing as well as driver’s medical records related to a recent ankle surgery to cross examine arresting officer. Not guilty verdict on DWI charge after trial.

Not Guilty Verdict NH DWI

January, 2014

Police respond to a report of boating accident involving two boats and severe injuries. Officers arrive on scene, emergency response personnel treat the injuries of the wounded. The officers begin questioning the individual allegedly driving the boat. The officers note the strong smell of alcohol on the individual and that the individual’s eyes were bloodshot and glassy. After conducting field sobriety tests, the officer arrests the individual. At trial government is unable to prove the identity of the operator of the subject vessel based on limited testimony and lack of witnesses. Not guilty verdict on boating while intoxicated charge results from trial.

Verdicts and settlements by year

2016 2015

2014

2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001

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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