Man Caught Drinking 40oz. Beer While Driving Found Not Guilty of OUI

On December 31, 2010, New Years Eve, after having a lobster dinner at home with his wife, GS decided to have a celebratory drink. His wife, however, did not like when GS drank at home. With drinking at home out of the question, GS decided to take a 40 oz. bottle of beer and to go for a ride. GS proceeded to drive around the towns of Reading and Stoneham, drinking his beer out of a red plastic cup. About forty-five minutes later, GS was pulled over by a Reading police officer. After approaching GS’s vehicle, the officer smelled the odor of alcohol, detected a slur in GS’s speech, observed GS’s eyes to be bloodshot and glassy, and noticed GS fumbling through papers while trying to locate his license and registration. The officer also noticed a plastic cup in the center console half-full with beer, as well as a 40oz. glass bottle of Busch beer on the floor. GS was ordered out his vehicle. He agreed to perform “field sobriety tests” – including trying to stand on one leg for thirty seconds and walking a straight line heel to toe. GS failed both tests miserably. He could not complete the one-legged stand for more than two seconds before falling to the side. He did not complete more than two steps of the heel-to-toe test before losing his balance. The officer arrested GS and brought him to the Reading police station, where he was video and audio recorded for nearly forty-five minutes. The Reading Police administered the breathalyzer test and GS’s blood alcohol reading was .06. GS was charged in the Woburn District Court with Operating Under the Influence of Alcohol (also commonly known as “Drunk Driving” or “DWI”) and two civil motor vehicle infractions. GS retained Attorney Joshua Lewin of the Law Firm of Lewin and Lewin to represent him. On January 19, 2012 the case went to trial and GS decided to have the case heard by a Judge alone and not a Jury. Two Reading Police officers testified against GS and the forty-five minute audio/video of GS was played for the Judge. Attorney Lewin aggressively cross-examined both officers and GS testified in his own defense. After closing arguments, the Judge returned a verdict of “Not Guilty” on the criminal charge of Operating Under the Influence of Alcohol (“OUI”). GS did not incur any criminal penalties as a result and did not lose his license even for one day. The lawyers at Lewin & Lewin vigorously represent clients in OUI cases and have an enviable record of not guilty verdicts in the cases that go to trial.