Alleged drunk driver causes head-on collision at busy intersection after passing on the right of slowed traffic. Other driver testifies that client pleaded “Don’t call the police, I’ve been drinking.” Police respond and find both beer and marijuana in client’s vehicle. Young client is cooperative and polite with police. He admits to drinking “four beers, big ones, 16 oz.” over course of afternoon. Defendant refuses both field sobriety tests and breath test, each refusal being inadmissible in Massachusetts Courts. Defense focuses on lack of other indicia or evidence of impairment and notes that client walked, talked and otherwise acted normal but nervous. Not guilty verdict following trial.