Failed Breath Test Wins


Contact Massachusetts OUI Defense Attorney James Dunn

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Cases We've Won Despite Failed Breathalyzer

Neil, Boston
Failed BT - Not Guilty!
In less than four months, Attorney Dunn got two cases dismissed and won a Not Guilty for me at trial for another case! He prevented several possible license suspensions and helped me get my life back. I couldn't be happier with what he did for me.
Hire him! You won't regret it.

Click Here to See Neil's Google Review

Kevin, Dorchester
Failed Breath Test
Not Guilty
"can't thank attorney Dunn enough for all he did for me during a very stressful and difficult time. Because I failed the breath test, I thought I had no chance and almost gave up and admitted to the charges. But James kept winning. First, he got the breath test kicked out! Then we went all the way to trial where he won a Not Guilty! Now I can finally put this nightmare behind me and start moving forward again. JOB WELL DUNN !!!"

Click Here to See Kevin's Google Review

Cole, Somerville
Accident, Failed Breath Test
Not Guilty 1st Offense
I can't thank attorney James Dunn enough. He always listened and understood things from my perspective. He always responded quickly and answered all my questions. And he always gave me the best advice. James told me to fight the case from the beginning, even though there was an accident and a failed breath test. At trial, he kept the breath test out and won a NOT GUILTY!
I couldn't be happier with what he did for me.

Docket 20220928
Click Here to See Cole's Court Docket

Deborah, Framingham / Natick
1st Offense, Lanes Violation
Failed Breath Test
Charges Dismissed!
Cop saw Deborah cross marked lanes and pulled her over. He noted she was unsteady on her feet and her speech was slurred. After performing a field sobriety test, he decided to arrest her. At the station, she registered a .12 on the breath test, well above the legal limit of .08. During the nearly two years in which Aty. Dunn represented her, he successfully excluded the breath test from evidence rendering it a triable case. When the officer failed to show up for court, he argued vociferously for dismissal of all charges. The judge agreed.

Sarah, Westboro / Worcester
2nd Offense, .19 Breath Test
Not Guilty After Jury Trial
Police report indicated Sarah was unsteady on her feet, had a strong odor of alcohol, and  failed the one leg stand and walk and turn test.  At the station, she took the breathalyzer and blew a .19, almost two and one half times the legal limit.  In the almost two years it took to reach trial, Attorney Dunn negotiated the exclusion of the breath test and then convinced the jury there was reasonable doubt.  Not guilty of OUI 2nd offense and not guilty of reckless driving.
From Sarah: "I'm so relieved!"
"I can finally move forward & do all the things I want in life"

See Sarah's Google Review Here

Tony, Wrentham
Failed Breath Test
OUI 2nd Offense - Not Guilty
Negligent Operation - Not Guilty
Police report stated Tony was speeding, drove on opposite side of road briefly, had glassy, bloodshot eyes, slurred speech, an odor of alcohol and admitted drinking. Then he failed both the roadside field test and then the breath test at the station. Attorney Dunn had the breath test thrown out and then won a not guilty on both charges after trial.
"Attorney Dunn told me to fight and helped me make all the right choices."

AJ, Woburn
Accident & Failed Breath Test
Not Guilty at Trial
After AJ rear ended another car, Trooper gave him three field sobriety tests and then arrested him. At the state police barracks, he agreed to take a breathalyzer test but failed it and lost his license. However, we ultimately managed to have the failed breath test result excluded from the evidence against him. At trial, attorney Dunn then convinced the judge to find him not guilty.
"Best Legal Advice Ever!"
"Saved My License and Saved My Job"

Terry, Fitchburg
5th Offense
Failed Breath Test
Jury: "Not Guilty" in 5 minutes
Terry faced a mandatory 2.5 year jail sentence if convicted plus a lifetime loss of license. He was stopped for speeding. Officer noted a strong odor of alcohol and that his speech was slow and slurred. He stumbled getting out of the car and did not perform well on the 9 step walk and turn test. On the one leg stand, he was unable to keep his foot up more than a couple of seconds despite multiple tries. At the station, he took the breathalyzer and failed. After keeping the breath test out of evidence, we went to trial. We stressed to the jury he pulled over promptly and safely, did the tests in heavy hiking boots in the cold at 1:45 AM and recited the alphabet correctly. He was found not guilty and attorney Dunn convinced the judge to order the RMV to immediately restore his license.
No Lifetime License Loss
Per Terry: "It made a huge difference having a real lawyer at my side"

Jeffrey - Salem
Accident, .19 Breath Test
Not Guilty 2nd Offense After Jury Trial
Jeffrey rear ended a large truck and tried to drive away but was unable to get very far. His breath test was 2 1/2 times the legal limit. We immediately filed a Motion to Preserve the Booking Video which showed him speaking and walking perfectly normally. After the breath test was thrown out, he chose trial where both the police and a civilian witness testified against him. However, attorney Dunn convinced the jury to find him not guilty.
"Represented me for 26 months and never asked for more money!"

Docket 20211026
Click Here to See Jeffrey's Court Docket

K.D., Belchertown
I was only 20 years old when arrested for OUI and failed the breath test at the station. That caused a 180 day license loss but attorney Dunn showed me how to avoid that. Then, on the day of his Motion to suppress the breath test, he convinced the DA to drop the OUI completely. I will not suffer license loss of almost 1.5 years and will end up with no criminal record.
"I ended up with no criminal record"

Donald, Boston / Charlestown
Failed Breath Test & Roadside Tests
2nd Offense - All 6 Charges Dismissed
Attorney Dunn went beyond my wildest expectations. He was always with me in court, always on time and always prepared. He never gave up fighting for me for almost two years. I didn't think I had a chance because I failed the field tests and the breath test. But, incredibly, James got the breath test thrown out of court! Then he was able to convince the judge to dismiss all 6 charges. That saved me from a two year license loss, a possible jail sentence, and thousands of dollars in fines and fees.
"James Dunn saved my job!"

Joey, Clinton / Fitchburg
Breath Test .26 - Over 3 Times Limit
Not Guilty of OUI After Jury Trial
I thought I was dead to rights. I blew a. 26 on the breath test which was 3 times the legal limit. Somehow, James got the DA to agree to keep it out of evidence against me at trial. Plus, the civilian caller who followed me  also showed up at trial and took the stand but James pointed out inconsistencies in his testimony. There was even a bad video but James totally turned that around on them.
"James is totally together. He had the DA scrambling. I give him 5 stars."
"He's a rock star!"

Christine, Lawrence
Case Dismissed
Despite Accident & Failed Breath Test
We hired you for my daughter because you were genuinely interested and compassionate. Your answers to all our questions were detailed yet simple to understand. You kept everything on a positive note giving us comfort that we were represented by a knowledgable and professional law firm. Despite her accident and failed breath test, attorney Dunn achieved a dismissal of all the charges against her. Kudos for your efforts, compassion and a job well "Dunn."  -Frank C. (father of Christine).
"Attorney Dunn Won Me a Dismissal of All Charges"

Bert, Natick / Framingham
Failed Breath Test - Not Guilty!
Cop saw Bert cross marked lines 5 times and wrote he had bloodshot eyes, slurred speech and a strong odor of alcohol. Bert also told the officer he had his last drink 1 hour before the stop and was arrested after doing field sobriety tests.  At the barracks he took the breathalyzer test and failed it. At trial, attorney Dunn argued he was able to produce both documents without issue showing nothing wrong with his fine motor skills and he exited the car perfectly normally and walked perfectly normally creating the necessary reasonable doubt. Judge found him not guilty.  He was also found not responsible of the other two charges.
"Attorney Dunn is an experienced, professional OUI expert!"

Steve, Woburn
Failed Breath Test
Speeding 20 MPH Over the Limit
Not Guilty - 1st Offense
'James Dunn is a great lawyer. He was diligent and communicative throughout the whole process. He always advised me to take my time and think through all the options and outcomes. He worked hard to win my case and made me feel like I was his only client. I wholeheartedly endorse him. A great and patient lawyer that will work hard to get you the outcome you hope for.'
"Attorney James Dunn made me feel like I was his only client"

Chris, Springfield
Failed Breath Test .12
Failed Field Tests
Not Guilty - 1st Offense
"Attorney Dunn was thoroughly professional from start to finish. I was worried about how it would turn out but he put me at ease. He did a great job at jury trial and dramatically caught the trooper in not just one but two lies. The jury didn't like that at all!  They found me not guilty of OUI and not guilty of reckless driving. I couldn't recommend him more highly."
"Attorney Dunn kept me at ease throughout."
"I couldn't ask for a better result."

James, Concord/Newton
3rd Offense
Failed Breath Test .17
James Dunn had to go back to the other court three times before the clerk finally found the recored of my first OUI in the basement. That made all the difference at trial. The DA wanted to give me a two year jail sentence but James's firm talked the judge out of it and proved the first OUI shouldn't count against me. I can't believe how hard they worked for me. They're fantastic.
Mandatory Jail & Felony Conviction Avoided

Attorney Dunn Is Here for You

Attorney James Dunn is an OUI / DUI lawyer who proudly and vigorously defends clients in OUI matters across Massachusetts

Contact Attorney Dunn Today

Here for you when you need me 24/7. Call now, no matter what time it is: 617-504-4881.

Reviews & Recommendations

See the growing list of reviews and recommendations. Call me now to discuss how I can help you - I promise to act in your best interest at all times: 617-504-4881.