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.