MA OUI Charge Dismissed

October 4, 2018

Category: DUI Case Results Oui Case Results

Police stop driver for speeding in early morning hours. Officer notes odor of alcohol and driver’s glassy bloodshot eyes. Driver participates in field sobriety tests and police allege she fails horizontal gaze nystagmus (HGN) and walk and turn test, but passes one leg stand test. Portable Breath test (PBT) is .11. HGN and PBT are not admissible in MA. Defense excludes post arrest breath test of .09. OUI charge dismissed on day of trial for lack of prosecution.