OUI Charge Dismissed After Client Refused All Tests — Massachusetts State Police Case
On Wednesday, July 29, 2026, Operating Under the Influence (OUI) charges against my client were DISMISSED in Massachusetts District Court, Docket No. 2643 CR 0748.
What Happened
My client was stopped at a traffic light when his cell phone fell from his hand and out the car window. He stopped in traffic to retrieve it. A Massachusetts State Police trooper approached him for the traffic interruption.
The trooper made several circumstantial observations — odor of alcohol, bloodshot eyes — and attributed them to intoxication. My client refused all field sobriety tests and refused the breathalyzer. He was arrested and charged with OUI.
The Defense
Circumstantial observations are not proof of intoxication. An odor of alcohol means someone consumed alcohol — it does not tell you how much or whether they are impaired. Bloodshot eyes can result from fatigue, allergies, contact lenses, or a long day at work. Without field sobriety tests or a breath test, the Commonwealth had nothing but observations that could be explained a dozen different ways.
The reason the stop occurred — a dropped cell phone — had nothing to do with impaired driving. There was no erratic operation, no speeding, no lane violations. My client simply stopped to pick up his phone.
The Result
After reviewing the evidence, the Commonwealth agreed that the circumstantial observations were not sufficient to prove intoxication beyond a reasonable doubt. The prosecution entered a nolle prosequi. The case was DISMISSED.
What This Means for You
If you have been arrested for OUI in Massachusetts after refusing field sobriety tests or the breathalyzer, the Commonwealth’s case may be weaker than you think. Circumstantial observations alone are often not enough to prove impairment. An experienced OUI defense attorney will know how to challenge the evidence and fight for a dismissal.
Exposed by the Evidence
This dismissal is another example of what happens when the evidence is challenged by an attorney with over 35 years of experience defending OUI cases in Worcester County, Middlesex County, and throughout Massachusetts. The Commonwealth cannot convict on suspicion alone. They need proof — and in this case, they didn’t have it.
If you are facing OUI charges, call the Law Office of Michael Patrick Murray at (508) 393-4162 for a free consultation.
* Counsel does not guarantee the same or similar outcome in your case.