NOT GUILTY: Second Offense OUI Acquitted at Trial | Massachusetts OUI Defense Lawyer

NOT GUILTY: Second Offense OUI Acquitted After Trial — License Reinstated

Another trial, another NOT GUILTY verdict. In Commonwealth of Massachusetts v. Defendant, Docket No. 1467 CR 2100, after trial, my client was found NOT GUILTY of Operating a Motor Vehicle While Under the Influence of Alcohol (OUI, also commonly called DUI or DWI), Second Offense.

This was an acquittal after trial — not a dismissal, not a plea bargain, and not a reduction. The Commonwealth put on its case, we answered it, and the verdict was NOT GUILTY.

What Was at Stake

A Second Offense OUI conviction in Massachusetts carries severe, life-altering consequences. My client was facing:

  • A FIVE-YEAR loss of license (a 2-year suspension on conviction, on top of the existing 3-year suspension for chemical test refusal);
  • A mandatory minimum of two (2) years of probation;
  • A two-week inpatient alcohol treatment program at a state hospital — or, in the alternative, 60 days in the House of Correction.

Instead, my client left the courthouse with no conviction, no sentence at all, and a license on the road to reinstatement.

The Defense: Field Sobriety Tests and Pre-Existing Medical Conditions

The case began with a routine traffic stop for a marked lanes violation. My client submitted to a battery of Standardized Field Sobriety Tests (SFSTs) — the roadside balance and coordination exercises police use to build an OUI case.

Here is what many drivers do not know: SFSTs are divided attention physical agility tests. They measure balance, coordination, and the ability to follow instructions while performing unnatural physical maneuvers on the side of a road. They were never designed for people with injuries, orthopedic conditions, or mobility limitations — and even the officers who administer them are trained to recognize that.

On cross-examination, the officer candidly agreed that, according to his own training and experience, pre-existing medical conditions can often affect an individual’s ability to successfully perform these tests.

We then presented certified medical records establishing that my client had:

  • Back surgery for arthritis and spinal stenosis;
  • Arthritis in his hip; and
  • A broken ankle requiring medical treatment — immobilization and a walking boot — just three (3) days before the field sobriety tests were administered.

A man three days removed from treatment for a broken ankle, with a surgically repaired back and an arthritic hip, was asked to stand on one leg and walk heel-to-toe on the roadside at night. The poor performance the Commonwealth relied upon as evidence of impairment was far better explained by documented medical conditions than by alcohol. The verdict: NOT GUILTY.

After the Verdict: Motion to Reinstate License — ALLOWED

The win did not stop at the verdict. My client’s license had been suspended for three years. Following the acquittal, we immediately filed a Motion to Reinstate License based upon the NOT GUILTY verdict — and that motion was ALLOWED.

This is a critical and often-overlooked piece of OUI defense in Massachusetts. Under G.L. c. 90, §24(f)(1)(iii), a defendant found not guilty is entitled to seek restoration of his or her license, and a prompt post-verdict motion can put a client back on the road. Winning the trial is only part of the job; restoring the client’s life is the rest of it.

A Word About the Police Officers in This Case

I am never surprised, but I am still impressed by and grateful for the honesty, integrity, and professionalism consistently shown by the local law enforcement professionals in Massachusetts whom I am often tasked to work against in this adversarial system. They testify under oath and speak the truth without reservation — even when the truth is inconsistent with their position or with the opinion offered in support of a conviction. That candor is what makes our system work, and it is truly admirable.

Charged With OUI Second Offense in Massachusetts?

Field sobriety tests are not infallible, and a poor performance is not proof of impairment — especially for drivers with back problems, joint conditions, injuries, or other medical issues. A Second Offense OUI carries mandatory minimum penalties and a long license loss, but these cases can be won at trial.

If you or a loved one has been charged with OUI/DUI in Worcester County or anywhere in Massachusetts, call the Law Office of Michael Patrick Murray, P.C. at (508) 393-4162 for a free consultation. Every case deserves a real defense.

* Attorney Advertising. Prior results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts.