Police are called to convenience store to investigate a fender bender that happened in the parking lot and was witnessed by the store clerk. Clerk alleges drunk driver hit another car in lot with his truck and then proceeded to enter the store in an attempt to hide from witnesses and police. Store clerk testifies that he had to pull the driver from the bathroom to hand him over to police. Arresting officer testified that when he arrived at store the alleged drunk driver was standing at the store cashier counter buying an item. The police allege the driver became argumentative and uncooperative at the scene prior to his arrest. The defense excludes this evidence as violating the defendant’s right against self-incrimination as his behavior amounted to a refusal to participate in field sobriety tests which is inadmissible in Massachusetts’ OUI prosecutions. Not guilty verdict following trial.