Massachusetts OUI Refusal Defense: NOT GUILTY After Trial
A strong Massachusetts OUI refusal defense just produced another NOT GUILTY verdict. In Commonwealth of Massachusetts v. Defendant, Docket No. 2669 CR 0631, after trial, my client was found NOT GUILTY of Operating a Motor Vehicle While Under the Influence of Alcohol (OUI, also called DUI or DWI). My client declined every test, so the Commonwealth’s case rested entirely on a few circumstantial observations. Under cross-examination, those observations fell apart.
A Speeding Stop and Nothing More
My client was stopped by a Massachusetts State Trooper for speeding. That was the only motor vehicle infraction. There was no weaving, no crossing of lane lines, no erratic braking, and no near-collision. He pulled over, provided his license and registration without any difficulty, and was polite and courteous with the Trooper throughout the stop.
Because my client exercised his right to refuse all testing, the roadside interaction was brief. There were no field sobriety tests for the Trooper to score and no breath test number for the prosecution to put in front of the court.
What the Arrest Was Based On
The Trooper testified that her decision to arrest was based on three circumstantial observations:
- An odor of an alcoholic beverage
- Slightly slurred speech
- Bloodshot and glassy eyes
These are the three observations found in nearly every Massachusetts OUI police report. They are also among the weakest evidence of impairment, because each one has many innocent explanations.
Cross-Examination: Every Observation Had an Innocent Explanation
At trial, the Trooper testified under oath that every one of these circumstantial observations could be attributable to factors having nothing to do with voluntary intoxication.
- Odor of alcohol: an odor shows only that a person consumed an alcoholic beverage. It says nothing about how much, when, or whether the person was impaired. It is not illegal to have a drink and drive. It is illegal only to drive while impaired.
- Bloodshot and glassy eyes: fatigue, allergies, contact lenses, a late hour, and bright flashing emergency lights can all cause red or watery eyes.
- Slightly slurred speech: the Trooper had never met my client before and had no baseline for how he normally speaks. Nervousness during a police stop can also affect speech.
The Trooper also testified fairly and honestly that every other observation of my client showed NO evidence of intoxication: his operation of the vehicle, his demeanor, his production of his license and registration, and his exit from the vehicle. When the judge weighed three ambiguous observations against everything my client did right, the result was clear: NOT GUILTY.
Why a Massachusetts OUI Refusal Defense Can Succeed
Many drivers worry that refusing tests guarantees a conviction. In Massachusetts, the opposite is often true at trial. Under G.L. c. 90, § 24, evidence that a driver refused a breath test is not admissible against that driver in a criminal case. Massachusetts courts have also held that a refusal to perform field sobriety tests cannot be used as evidence. The court never hears about the refusals.
Without a breath test result and without field sobriety tests, the Commonwealth must prove impairment beyond a reasonable doubt using only an officer’s observations. A careful Massachusetts OUI refusal defense focuses on exactly what the officer did not see: safe driving, normal conduct, clear answers, and steady movement. When the officer admits those facts on the witness stand, reasonable doubt follows.
Refusing a breath test does carry a separate automatic license suspension in Massachusetts. That administrative consequence is handled apart from the criminal case, and it is one more reason to speak with an experienced attorney right away.
Charged with OUI in Worcester County or Middlesex County?
If you were arrested for OUI in Worcester County, Middlesex County, or anywhere in Massachusetts, the evidence against you may be far weaker than it looks in the police report. Every case is built on specific facts, and every one of those facts can be tested through cross-examination. Whether you refused testing or took a breath test, the right defense strategy can make the difference between a conviction and a NOT GUILTY verdict.
Learn more about how we defend drunk driving charges on our Massachusetts OUI defense page, or call the Law Office of Michael Patrick Murray, P.C. today at (508) 393-4162 for a consultation about your Massachusetts OUI refusal defense.
Prior results do not guarantee a similar outcome. Every case depends on its own facts.