July 31, 2026
Operating under the Influence of Alcohol or .08
The client was polite, respectful, calm, and patient person. He was charged with Operating under the influence of alcohol. He had been driving a friend’s car at approximately 3:00 a.m. when he was pulled over by the Massachusetts State Police. According to police, the client nearly struck a barrier, blocked traffic at one point, cut the vehicle back onto the road, came within approximately half an inch of a wall, and was later observed traveling about 60 miles per hour in a 35-mile-per-hour zone. After stopping the vehicle, police administered field sobriety tests and ultimately took the client into custody. The officers reported that they noticed an odor of alcohol on his breath, slurred speech, red, bloodshot and glassy eyes, unsteadiness on his feet, and poor performance on the field sobriety tests. The case turned on several factors, but two appeared especially compelling: The officer appeared to overstate key observations. For example, the report described the client as having slurred speech, even though the available evidence did not objectively support that claim. When an officer exaggerates one observation, it can cast doubt on the reliability of the remaining observations as well. The client remained calm, composed, respectful, and compliant throughout the encounter. His demeanor was inconsistent with the more exaggerated aspects of the officer’s description. In the end, this was a close case. However, the concerns about the officer’s credibility, combined with the client’s calm and respectful demeanor, likely played an important role in the acquittal.
Result: DWI/OUI Charge is Not Guilty