board-certified-dui-defense-lawyer

DUI Defense Specialist – Board Certified

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Dual State Protection for MA & NH

board-certified-dui-defense-lawyernew-hampshire-massachusetts-dual-state

Dual State Protection for MA & NH

DUI Defense Specialist – Board Certified

Proven Legal Protection in DUI Cases by the Best DUI Attorney in NH & MA

If you have been accused of drunk driving, there’s hope!

You might not have to plead out! Below is an extensive list of DUI cases and drunk driving cases in MA and NH that might have been plead out if they had been handled by some Attorneys. But Attorney Bowser will work diligently on your behalf in NH or MA DUI cases and drunk driving cases, and question every single claim of the Prosecution, piece by piece. In the more challenging cases, Attorney Bowser knows how to aggressively take drunk driving cases and DUI cases to trial and win. Let Attorney Bowser protect your legal rights in MA and NH. Call 1-888-526-9737 during the hours of 9AM to 5PM or send Attorney Bowser details of your arrest in the form to the right.

The Court Appearance List page depicts the wide geographic area his practice covers and the numerous Courts where he has regularly appeared to successfully fight for the protection of his clients in drunk driving and other criminal cases.

Because the Commonwealth of Massachusetts and the State of New Hampshire each have their own unique body of law applicable to the defense of drunk driving cases, a drunk driving attorney in NH or MA must be well-versed in both. There are major differences between the two states in the rules of criminal procedure, court rules, rules of evidence, and professional ethics.

Drunk Driving Defense Attorney Michael Bowser has tried to verdict hundreds of DUI cases in Massachusetts and New Hampshire and dealt with the complicated legal ramifications of a cross border defense practice.

Verdicts and settlements by year

2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001

MA OUI Charge Dismissed

January, 2016

Police respond to report of accident where one car backed up into the reporting person’s car outside of a busy downtown nightclub. The reporting witness claims that the client switched seats with the passenger after the collision but before the police arrived. The scene is chaotic with reported fights in the street outside of the club. The defense challenges the witness’ ability to identify the client as the actual driver which he cannot do during a non-suggestive identification process on the day of trial. OUI charge dismissed for lack of prosecution. Enhanced Lifetime Lookback Consequences under Melanie’s Law avoided.

NH DWI Charge Dismissed

January, 2016

Police respond to report of injured party falling out of golf cart at a home on a private way in NH. Driver admits to consuming alcohol and is arrested following filed sobriety tests. Issues of public way and operation of a motor vehicle are contested but New Hampshire law is decidedly against the defense based on recent NH Supreme Court decision. Defense negotiates dismissal of DWI charge prior to trial.

Not Guilty Verdict MA OUI Charge

January, 2016

Driver stopped by police for failure to display proper registration and plates, but no erratic operation. Officer notes odor of alcohol, glassy eyes and slurred speech and that driver appears highly nervous and/or agitated. Driver denies drinking and he collapses twice once outside of car. Police allege he passed out, while defense contends he fainted or was ill. Not guilty verdict following trial.

NH Administrative License Suspension (ALS) Vacated

January, 2016

Massachusetts driver involved in single car accident in NH. Following transport to hospital for minor injuries driver consents to police request for blood test. Defense conducts Administrative License Suspension (ALS) hearing at NH DMV to challenge six (6) month loss of driving privileges. State’s witness is not able to establish validly conducted blood test without necessary witness from State Laboratory. NH ALS suspension vacated and reciprocal suspension of Massachusetts Driver’s license avoided.

NH DWI Charge Dismissed

January, 2016

Massachusetts driver stopped by New Hampshire police and charged with DWI. Standard allegations of odor of alcohol, slurred speech and unsteadiness and difficulty with field sobriety tests. Defense insists upon trial date before District Court on NH DWI charge. State is unable to go forward at trial date due to unavailable witness. Defense negotiates dismissal of DWI charge which avoids Enhanced Lifetime lookback consequences under Melanie’s Law for Massachusetts resident because of prior continuance without a finding (C.W.O.F.) disposition on an earlier MA OUI Charge.

Not Guilty Verdict MA OUI Charge

January, 2016

Driver stopped when he passes too closely to cruiser on side of road and then allegedly drives over double yellow line nearly striking another oncoming cruiser. Defense succeeds in suppressing some post arrest statements and the .24 breath test evidence. Police allege driver is unsteady, confused and slurring his words roadside. Defense uses booking video to refute these allegations. Not Guilty verdict following trial. Enhanced Lifetime lookback consequences under Melanie’s Law avoided.

NH DWI Charge Dismissed

February, 2016

Massachusetts driver is arrested for DWI in New Hampshire in 1995 but fails to ever appear in Court on the charge. Massachusetts Registry of Motor Vehicles will not reinstate driver’s license in MA until he clears NH DWI matter. Counsel appears with client to clear default and remove warrant in NH Court. Despite age of case, Police witnesses are still available and prosecution is determined to go forward. Defense negotiates outright dismissal of DWI charge. Enhanced Lifetime lookback consequences of Melanie’s Law avoided, due to client’s prior record of OUI matters.

NH DWI Charge Dismissed

February, 2016

Police respond to parking lot to investigate a reported fight between a female and her boyfriend. It is early morning hours, and the police tell both parties to return to their hotel room. Hours later the same parties are reportedly fighting in parking lot again, and have driven into the Police Department Parking Lot. The same police officer stops the client as she drives out of the police parking lot. After a brief investigation the driver is arrested and charged with DWI. The defense is prepared to argue a Motion to Suppress, alleging the police lacked reasonable grounds to stop and detain the driver, based on an anonymous report of another fight, between the driver and her boyfriend. DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

February, 2016

Off duty police officer calls in erratic operator who is having terrible difficulty maintaining lane control on highway and upon exit to local roads during in mid-day traffic. Reporting party follows driver to store parking lot where he abruptly stops and appears to recline in driver’s seat and fall asleep. Responding local Police Officers wake driver and demand he exit to perform field sobriety tests. Driver refuses all testing and refuses to answer questions or allow search of his vehicle. Defense is prepared to argue fatigue was cause of erratic driving and client’s non-compliance with police demands for information is constitutional exercise of his rights, not evidence of “consciousness of guilt.” DWI charge dismissed prior to trial.

MA Chemical Test Refusal Suspension (CTR) Vacated

February, 2016

Police respond to report of crashed vehicle engulfed in flames. Driver is found nearby, unhurt, but apparently highly intoxicated. Driver refuses medical treatment and is subsequently arrested and transported to police station for booking. Police allege driver is in and out of consciousness during booking, but she agrees to take a breath test. During breath test sequence the driver vomits into breath test tube. The police deem her a “refusal” and impose a 180 day Chemical Test Refusal Suspension through the Registry of Motor Vehicles. The RMV Hearings Division upholds the suspension. Counsel successfully appeals the decision to the local District Court which reverses and vacates the 180 Chemical Test Refusal Suspension.

NH DWI Charge Dismissed/NH ALS Suspension Dismissed

February, 2016

MA resident stopped by NH Police and charged with DWI. Post arrest breath test result .10 BrAC. Defense conducts ALS hearing at NH DMV and defeats six (6) month Administrative License Suspension (ALS) because state does not properly document breath test results and machine calibration. DWI charge is later dismissed for lack of prosecution because arresting officer is not available as necessary witness. All reciprocal suspension time in Massachusetts is avoided.

MA OUI Charge Dismissed

March, 2016

Citizen cell phone caller reports seeing a man walking off beach through sand with wet clothing in a staggered manner with fishing gear. Caller reports that driver appears intoxicated, but does not have any personal contact with the driver before he leaves beach parking lot. Police stop vehicle and make arrest based on cell phone report. Defense files Motion to Suppress arguing stop of vehicle by police based on vague and generalized cell phone complaint is illegal. Court grants Motion. OUI complaint dismissed. Lifetime Lookback impact of Melanie’s Law avoided.

Application for MA OUI Charge Dismissed

March, 2016

Police respond to report of two car collision in restaurant parking lot. Driver of suspect car has left scene before police arrive. Witnesses allege the driver was picked up by another car and had been seen at bar drinking before minor collision in lot. Driver contacts police next day, although she cannot be found at home night of accident. Criminal application for OUI charge dismissed for lack of probable cause of intoxication. Lifetime Lookback impact of Melanies’s Law avoided.

Not Guilty Verdict MA OUI Charge

May, 2016

Police notice driver with phone close to his face and text bubbles on phone visible to Officer as he drives alongside.  Driver stopped for texting while driving.  Officer notices odor of alcohol coming from driver and that he appears pale and sweaty.  Pieces of marijuana are strewn about driver’s clothing.  Driver exits car for field sobriety tests but tells officer he is going to be sick.  After dry heaving over guardrail he is placed in custody.  Driver then vomits in police cruiser.  Police allege driver is drunk and sick from over intoxication. Defense excludes as evidence reference to marijuana as possession is not a crime and there is no allegation the driver ingested or smoke marijuana.   Defense focuses on lack of medical intervention for, or inquiry abou,t general well-being and health of driver by police.  Not guilty verdict following trial.  Lifetime Lookback impact of Melanie’s Law avoided.

NH DWI Charge Dismissed

June, 2016

MA driver stopped by police for speeding near ski resort.  Officer notes odor of alcohol emanating from interior of vehicle.  Driver admits all four occupants drank beer following a day of skiing but Officer does not notice any other signs of impairment from driver.  Driver exits for field sobriety tests and later tests .10 BrAC following arrest.  Defense files Motion to Suppress to argue Officer lacked reasonable grounds for exit order and continued detention for field sobriety testing.  DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

June, 2016

Police respond to scene of single care rollover accident.  MA driver is found standing alone outside of car sometime after crash.  Driver is transported to hospital for medical treatment where he is met by investigating Officer.  Blood draw reveals .12 Blood Alcohol level.  Missing witness at trial leads to dismissal of DWI charge.

NH DWI Charge Dismissed

June, 2016

Driver stopped by police for failure to signal turn.  Officer notes odor of alcohol and glassy/bloodshot eyes.  Driver admits to having one beer with dinner after spending entire day in backhoe machine plowing snow.  Officer believes driver may have vomited on jacket.  Driver refuses breath test following arrest.  DWI charge dismissed prior to trial.

Not Guilty Verdict NH DWI

June, 2016

MA Driver stopped for lane control issues in early morning hours.  Driver denies having drank anything in several hours and simply wishes to return home to his wife in Massachusetts after dropping off his sister.  Arresting officer describes defendant’s performance on standard field sobriety tests, but does not draw a correlation between the driver’s performance on the tests, and impairment by alcohol, according to his training.  Despite poor performance, driver found not guilty on DWI charge following trial.

NH DWI Charge Dismissed

June, 2016

MA Driver stopped for failing to signal lane change and stop sign violation.  Police Officer notes slurred speech, and odor of alcohol and the driver’s red/glassy eyes.  After handing over license and registration the driver refuses to submit to field sobriety tests and is arrested.  Booking video show young woman upset and crying but not unsteady or staggered.  DWI charge dismissed prior to trial.

Not Guilty Verdict NH DWI Charge

June, 2016

MA Driver stopped by police at 9:50 a.m. for speeding.  Officer notes odor of alcohol from driver and that his speech is thick tongued and slightly slurred.  Driver denies drinking that day but admits he was up past midnight the night before drinking with neighbors.  Officer places driver under arrest following field sobriety tests in breakdown lane.  Truck handed over to driver’s wife, deemed sober, who was accompanying him to lake’s region for day of boating.  Driver refuses breath test.  Wife testifies at trial as to husband’s sobriety.  Cruiser mounted audio/video offered by defense as exhibit at trial.  Not guilty finding following trial.  Lifetime Lookback consequences of Melanie’s Law avoided.

NH DWI Charge Dismissed

July, 2016

Police stop driver for lane control issues.  Police believe driver is impaired by narcotics and/or prescribed medications, but it is obvious that he suffers from serious leg injury and walks with limp.  Due to fact that child is in car, defendant is arrested and charged with Aggravated DWI following field sobriety tests.  Defense prepared to argue injury make driver incapable of performing most field sobriety tests and the tests are not designed to determine impairment by any particular class of narcotics or prescribed drugs.  DWI charge and Aggravated DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

July, 2016

Police respond to investigate report of driver slumped over wheel.  Police find driver at long line of traffic stopped at traffic light.  Driver’s side door is open and driver appears to be conscious with her head down.  Police note slurred speech and an odor of alcohol.  Driver admits she had two glasses of wine and is heading home.  She denies medical attention and also refuses field sobriety testing.  A short time later the driver appears relatively normal in segments of booking video.  DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

July, 2016

Driver stopped for speeding on highway.  Police note odor of alcohol and driver’s red/glassy eyes.  He admits to “a few” beers.  Initially driver refuses to take field sobriety tests or preliminary/portable breath test.  Second Officer arrives and driver allegedly changes his mind to take tests.   Defense prepared to argue that field sobriety tests were coerced and non-consensual. DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

July, 2016

Police respond to area of citizen cell phone report of erratic operator by given vehicle description and plate number.  Police follow vehicle onto highway where they make observations of lane control issues.  After stop driver refuses to participate in field sobriety tests. Police notice odor of alcohol, slurred speech and unsteadiness upon exit. Driver refuses breath test at station.  DWI charge dismissed prior to trial.

MA OUI Conviction Vacated – Dismissed

July, 2016

MA driver facing consequences of Second Offense Under Melanie’s Law Lifetime Lookback provisions for 2016 OUI 2nd Offense.  Defense files Motion to Vacate 1992 OUI plea.  Motion granted and prior OUI disposition is vacated for unconstitutional plea procedure.  Charge then dismissed for lack of prosecution. 2016 Offense reduced to 1st Offense.

NH DWI Charge Dismissed

July, 2016

MA Driver stopped by police for failing to negotiate off ramp properly while driving too slowly.  Driver admits to talking on cell phone.  Officer notes odor of alcohol and red/glassy eyes.  Driver admits to drinking one (1) wine after work where she just left.  Driver arrested after field sobriety testing. Post arrest breath test .08 BrAC.  Defense uses booking video to demonstrate apparent sobriety and argue driver could have been under legal limit at time of driving.  DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

August, 2016

MA Driver stopped by police for Negligent Operation and Disobeying A Police Officer after he failed to pull over earlier for police attempting to effect a Speeding stop.  Second Oficer overheard “BOLO” report, or be on the lookout for this bike.  After arrest Officers’ note glassy/red eyes and odor of alcohol coming from driver at booking.  He submits to field sobriety tests at station, passing portions of each test.  Police allege he fails to properly blow into breath test device and deem him a refusal.  DWI charge dismissed prior to trial and ALS suspension vacated by agreement.

NH DWI Charge Dismissed

September, 2016

MA Driver stopped by police for failing to yield to police cruiser while entering rotary.  Officer notes odor of alcohol, slow slurred speech and red/glassy eyes.  Driver admits to consuming “two drinks.”  Driver participates in some field sobriety tests but refuses to complete others.  Driver is emotionally distraught by end or roadside encounter.  DWI charge dismissed prior to trial.  Lifetime Lookback impact of Melanie’s Law avoided.

NH DWI Charge Dismissed

September, 2016

MA Driver stopped for speeding on motorcycle.  Police allege driver passed stationary cruiser at 82 MPH.  Once operator is stopped Officer notes and odor of alcohol and red/glassy eyes.  The driver initially denies drinking but later admits to having a drink with friends hours earlier.  Driver passes Horizontal Gaze Nystagmus test, but has some difficulty with Walk & Turn and One Leg Stand test.  Booking video show client steady and cooperative throughout booking process.  DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

September, 2016

MA Driver stopped by police because the plate attached to his girlfriend’s car did not match registration information on file with NH DMV.  Once stopped it is determined that clerical error at DMV led to incorrect registration information.  Officer notes “overwhelming” odor of alcohol coming from driver, who admits to drinking earlier in Boston.  Driver will not consent to field sobriety testing, claiming he is fine to drive and the tests are unnecessary.  Only when ordered from car does officer note glassy and red eyes.  No other indicators of impairment present. Driver is arrested after continuing to refuse field sobriety tests, and he does not consent to blood/breath test post arrest.  DWI charge dismissed prior to trial and Administrative License Suspension also vacated at DMV for lack of evidence of impairment.

NH DWI Charge Dismissed

September, 2016

MA Driver stopped by police following citizen cell phone report of erratic operation.  Police confirm minor lane control issues before stop on busy highway.  Driver admits to drinking wine at party, but claims she is designated driver.  Police allege driver failed standard field sobriety tests.  Defense prepared to argue location of testing in breakdown lane was excessively loud, cold and close to traffic, and any difficulty with testing was due to nervousness, fear and embarrassment of situation. DWI charge dismissed prior to trial.

Not Guilty Verdict MA OUI

September, 2016

Police respond to report of suspicious vehicle parked in secluded area of residential neighborhood.  Police find driver sleeping in car with engine running.  Once awoken they note odor of alcohol, slurred speech and glassy/bloodshot eyes.  Driver initially refuses to exit car for field sobriety tests, and then does so reluctantly.  Tests conducted in presence of three (3) police officers.  Driver claims she pulled over to gather herself after bad day at work, before going home a short distance up road.  Police find bottle of alcohol in front seat area of vehicle.  Defense argues there is no evidence of what the driver drank or when she last drank alcohol and evidence of impairment is offset by obvious evidence emotional distress and upset.  Not guilty verdict following trial.

NH DWI Charge Dismissed

September, 2016

MA Driver stopped by police for proceeding wrong way on one way street coming off rotary.  Driver admits to drinking “two ciders.”  Police note odor of alcohol coming from vehicle with cooler inside containing unopened beers.  Driver scores 3 out of 6 clues on Horizontal Gaze Nystagmus test, fails walk and turn test, but passes one-legged stand test.  Preliminary/Portable breath test results .08.  Administrative License Suspension (ALS) vacated for lack of evidence of impairment and DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

September, 2016

Driver stopped for speeding infraction.  Police note odor of alcohol and driver admits to drinking “one beer, one hour ago.”  Although driver drops driver’s license while removing it from wallet there are no other indicators of impairment during initial police contact.  Driver is arrested following field sobriety tests.  Defense gathers medical records to document prior back issue which would affect field sobriety testing.  Defense also files Motion to Suppress to argue police lacked grounds of exit order and request for field sobriety tests.  DWI charge dismissed prior to trial.  Consequences of subsequent DWI offense within ten (10) years avoided.

NH DWI Charge Dismissed

October, 2016

MA Driver stopped by police for speeding and marked lanes violation.  Stop occurs as driver pulls into convenience store parking lot.  Driver has no difficulty with handing over documents.  Police note odor of alcohol and driver’s glassy eyes.  Post arrest breath test is complicated by failure of machine at arresting departments station.  Driver must be transported to another department for testing with result of .10 BrAC.  Defense prepared to argue arresting officer lack grounds for exit order and request for field sobriety tests.  DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

October, 2016

MA Driver stopped by police after stopping in road, backing up, and pulling into apartment complex parking lot.  Police note odor of alcohol, slurred speech and admission to drinking.  Driver is arrested following field sobriety tests.  Defense prepared to argue Motion to Suppress arguing stop was not based on actual moving violation and also Motion to Exclude Breath Test Evidence because police misstated the law as to actual correct administrative penalties of test over legal limit.  DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

October, 2016

Driver stopped by police for alleged failure to signal lane change.  Driver admits to having one (1) drink after work as bartender, but otherwise refuses to answer any questions or participate in field sobriety testing.  Driver appears with normal speech and appearance in booking video.  DWI charge dismissed prior to trial.  Administrative license suspension (ALS) also vacated after DMV hearing for lack of evidence of impairment.

NH DWI Charge Dismissed

October, 2016

MA Driver stopped by police for alleged wide right turn.  Driver admits to drinking at family party hours earlier.  Field sobriety testing completed and driver arrested.  Defense gathers medical records to show driver has several conditions, along with age, that affect her balance.  DWI charge dismissed before trial.  Administrative License Suspension also vacated by agreement due to new medical evidence.

NH DWI Charge Dismissed

October, 2016

Police respond to report of two (2) car collision in beach parking lot.  MA Driver standing outside vehicle admits that he was driving and each driver “hit” the other backing up at same time.  Police note odor of alcohol, glassy/red eyes and slurred speech.  Driver struggles with field sobriety tests.  Defense prepared to argue lack of evidence of operation without witness corroboration and driver’s learning disability hindered his comprehension of field sobriety test instructions.  DWI charge dismissed before trial.

Not Guilty Verdict MA OUI

October, 2016

Driver stopped by police following citizen cell phone report of lane control issues.  Police allege driver performs poorly on field sobriety tests before arrest.  Defense points out police followed driver for nearly five (5) miles before deciding to stop him.  Driver testifies that his operation was impaired by exhaustion/fatigue, not alcohol consumption.  Not guilty finding on OUI charge following trial.  Impact of Lifetime Lookback provision under Melanie’s Law avoided.

NH DWI Charge Dismissed

October, 2016

Police respond to scene of two car collision.  2nd driver claims other vehicle was “flying” and lost control coming into her lane sideways.  Driver of 1st car claims he was driving too fast and lost control when he reached for a cigarette.  Police detect odor of alcohol and glassy eyes, but driver denies drinking.  Driver also refuses all testing, including field sobriety tests and breath test.  DWI charge dismissed prior to trial for lack of evidence.

Not Guilty Verdict MA OUI Charge

November, 2016

Driver stopped by police following citizen cell phone report of erratic driving.  Officer finds vehicle, confirms lane control issues and makes highway stop.  Driver admits to drinking and claims she is lost trying to find her way from Providence to New Hampshire.  Police note odor of alcohol, glassy eyes and slurred speech.  Following filed sobriety testing driver arrested and submits to post arrest breath test of .13 BrAC.  Defense excludes breath test evidence through Motion to Suppress.  Court rules Police did not prove that a required valid 15 observation period preceded the breath testing sequence.  Not guilty finding on OUI charge following trial.

NH Administrative License Suspension (ALS) Vacated

November, 2016

Driver stopped for marked lanes violation.  Police make arrest for DUI drugs alleging driver is under the influence of a controlled drug.  Driver is argumentative, profane and belligerent throughout roadside encounter, but participates in some field sobriety tests. Police fail to prove relevance of tests to impairment by drugs and ALS is vacated due to lack of reasonable grounds to believe driver is impaired.

NH Administrative License Suspension (ALS) Vacated

November, 2016

Driver stopped for speeding.  Police make arrest for DUI drugs alleging driver is under the influence of “spice.”  During arrest and booking driver becomes increasingly uncooperative and agitated.  Rather than finish the implied consent process the arresting officer calls for backup at station, places driver in holding cell and deems him a “refusal” triggering a six (6) month ALS.  After hearing ALS vacated as police cannot prove driver refused requested chemical testing.

NH Administrative License Suspension (ALS) Vacated

November, 2016

Driver stopped for wrong way violation and DWI investigation ensues.  Post arrest breath test results of .18 BrAC trigger two (2) year Administrative License Suspension through NH DMV.  ALS suspension vacated following ALS hearing when police do not meet burden to prove valid breath test result.

NH Administrative License Suspension (ALS) Vacated

November, 2016

Driver stopped for marked lanes violation and DWI investigation ensues.  Post arrest breath test results of .16 BrAC trigger six (6) month Administrative License Suspension through NH DMV.  ALS suspension vacated following ALS hearing when police do not meet burden to prove valid breath test results.

NH DWI Charge Dismissed

November, 2016

Police observe vehicle stopped at red light and then proceed on green after short delay.  At next intersection vehicle turns right from center lane after signaling lane change to right turn only lane.  Once stopped police note odor of alcohol, glassy eyes and admission to “two drinks.”  Post arrest breath test .15 BrAc.  Defense files Motion to Suppress challenging legality of initial stop for alleged moving violations.  DWI charge dismissed before trial.  MA resident avoids further impact through MA RMV under Melanie’s Law and Lifetime lookback provisions.

Not Guilty Verdict NH DWI Charge

November, 2016

Driver stopped for excessive speed through left turn when he guns engine and causes rear end of truck to fishtail.  Driver participates in field sobriety testing after admitting to drinking, but strongly disagrees with Officer’s decision to arrest him.  Driver uses foul language and displays emotional swings during custody and booking.  At trial defense focuses on field sobriety tests and driver’s excessive weight and the adverse effect it would have on testing.  Also, argues 3-4 beers would not be impairing to such a large man.  Driver testifies as well and claims his behavior post arrest was due to anger and loss of emotional control due to ADHD.  Not Guilty verdict on DWI Charge following trial.

NH DWI Charge Dismissed

November, 2016

Police respond to report of driver passed out or sleeping in van in fast food restaurant parking lot.  Police find driver slumped behind wheel apparently sleeping with engine running.  Once awoken he appears sluggish and lethargic and there is an odor of alcohol.  Driver admits to drinking two (2) beers that afternoon and that he pulled over because he was not feeling well due to an adverse reaction to an intravenous medication.  Driver performs poorly on portions of field sobriety tests and refuses post arrest breath test.  Defense prepared to argue Police failed to properly investigate medication use and are unable to distinguish between effects of properly prescribed medication and alcohol use.  DWI Charge Dismissed prior to trial.

NH DWI Charge Dismissed

November, 2016

Driver stopped after driving through parking lot of closed tavern and making wrong turn from exit.  Driver admits to drinking at a concert venue earlier and police note an odor of alcohol and glassy eyes.  Driver does marginally well on parts of field sobriety tests but is arrested after failing Portable Breath Test (PBT).  Post arrest breath test is only .08 so Administrative License Suspension does not follow.  DWI charge dismissed prior to trial.

Not Guilty Verdict NH DWI Charge

November, 2016

Driver stopped on highway for expired registration and failing to signal lane change.  Officer notes glassy eyes and an odor of alcohol emanating from driver’s breath.  Driver admits to drinking a few beers and is arrested following field sobriety tests.  He refuses post arrest breath test because he doesn’t “trust the machine.”  Officer admits on cross exam that driver disclosed his prior leg disability and walked with a cane which was in the truck at time of stop.  Open container found during inventory search excluded as evidence at trial because of missing witness that conducted search prior to tow.  Not Guilty verdict on DWI Charge following trial.

Not Guilty Verdict MA OUI Charge

November, 2016

Police allege driver passes his stopped cruiser at a high rate of speed.  Officer leaves stop and follows driver for more than a mile with emergency lights activated.  Officer finally catches up with driver in parking lot of motel.  Driver is immediately handcuffed when he refuses to stay in car or participate in field sobriety tests.  Officer notes odor of alcohol, slurred speech and general unsteadiness outside car.  Defense uses video of route to shown officer never closed the distance with driver and driver could have missed cruiser’s lights behind him due to layout of roadway route.  Not Guilty Verdict Following Trial.  Lifetime Lookback effect of Melanie’s Law avoided.

NH DWI Charge Dismissed

November, 2016

Police respond to scene of single car accident.  Person identified as driver is receiving medical attention from EMTs.  He is bleeding from mouth but is otherwise released by EMTs for field sobriety tests.  Driver has open nip in his pocket and empty nip bottles in car.  Post arrest breath test discloses .16 BrAC.  Defense prepared to argue breath test is contaminated by bleeding mouth and field sobriety tests are inaccurate for driver involved in recent rollover accident.  DWI charge dismissed prior to trial.

NH Administrative License Suspension Vacated

December, 2016

Driver stopped for speeding violation driving home with his brother from night out.  Officer notes odor of alcohol, and glassy eyes.  Following arrest Officer allows driver to seek legal counsel over phone before making decision to take breath test.  Given early morning hours driver cannot find lawyer to answer call, but he does not refuse test, only asks for more time to seek counsel.  Driver not entitled to legal counsel during implied consent process in NH, but the Officer deemed driver a refusal after a short period of time without allowing adequate time for decision to be made.  Driver never stated he was refusing breath tes.  NH ALS Suspension vacated following DMV Hearing.

NH DWI Charge Dismissed

December, 2016

MA Driver found sitting in parked car outside NH restaurant.  Police responding to cell phone report that driver was wrong way on road and driving over a dividing median before entering lot. Driver admits that he is lost and searching on GPS when he entered road on wrong side of median.  Officer notes odor of alcohol and driver admits to drinking with friend before stop.  Police make arrest following filed sobriety tests, including standard balance and walking tests.  Officer admits at Administrative DMV Hearing that driver disclosed a fractured ankle during testing and had to return to car to put on removable cast during field tests.  DWI charge dismissed prior to trial.  Massachusetts life time lookback impact of Melanie’s Law avoided.

NH DWI Charge Dismissed

December, 2016

MA Driver stopped driving to her parents’ house based on cell phone report of erratic driving.  Police follow car and note lane control issues before stopping car.  Driver admits to drinking but claims solo cup in center console with liquid and ice was left there by her daughter earlier in the evening.  Driver refuses to participate in Field Sobriety Tests and Police make arrest.  Booking video is not preserved and produced despite timely request from defense counsel.  DWI charge dismissed prior to trial.

NH DWI Charge Dismissed

December, 2016

Driver stopped around midnight for driving without headlights but no other erratic operation.  Officer notes odor of alcohol and driver admits to drinking earlier, but not for several hours.  Field sobriety tests are conducted and arrest follows.  Driver refuses to take breath test.  Booking audio/video is helpful to display driver’s demeanor, behavior, speech and comprehension.  DWI charge dismissed prior to trial.

Not Guilty Verdict MA OUI Charge

December, 2016

Police note vehicle stopped at side street entrance to main thoroughfare.  When Officer circles neighborhood and comes up behind same vehicle in this position couple minutes later he finds driver asleep behind wheel.  Young driver admits to falling asleep when he stopped to check phone for directions coming from family holiday party.  Driver admits to drinking several beers, but not for many hours.  Police note glassy eyes, odor of alcohol and poor performance on field sobriety tests.  Defense utilizes booking audio/video tape to show driver’s sober appearance minutes after the arrest.  Not guilty verdict following trial.


Verdicts and settlements by year

2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001

Past successful case results are not a guarantee or promise of a similar result in your case. Each case is factually distinct with various applicable legal standards. Further, as a trial lawyer with the experience of hundreds of completed Jury and Bench DUI trials in Massachusetts and New Hampshire Attorney Bowser understands the risks associated with the adversarial trial process. Any lawyer who claims never to lose cases doesn’t really try cases, especially difficult cases. Anonymous factual/legal summaries are authorized in advance by clients.

Dual State Protection for MA & NH

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