DUI 2nd offense and Refusal to take a Chemical Test Case Results

Criminal Charges:

DUI (2nd offense) ; Refusal to take a Chemical Test (Breathalyzer)

Police Report:

State Police are called to an evening highway construction zone for the report of an accident without injury. Upon arrival troopers are told Client’s vehicle came into contact with another worker’s vehicle within the construction zone. Troopers approach Client and immediately smell a strong odor of an alcoholic beverage on his breath, mildly bloodshot and watery eyes, and mumbled speech. Client also appears to be unsteady on his feet. Client takes a fails 3 field sobriety tests, with the final test being terminated “for his safety”. Client is brought to the barracks and refuses to take the breathalyzer test. A background check reveals Client has 2 prior DUI convictions in MA.

Case Result:

DUI 2nd Offense: DISMISSED AND EXPUNGED FROM RECORD Refusal to Take a Chemical Test: DISMISSED AND NO LOSS OF LICENSE