DUI Results

DUI Results2026-09-30T17:58:17-04:00

These DUI results are examples of cases Attorney Rory Munns has handled for clients charged with drunk driving and breath test refusal. They show the kinds of outcomes that careful defense work can produce, from dismissals and amended charges to avoided license loss. Every case is different, and past results do not guarantee a similar outcome in any other case. Rory Munns of Mass DUI Guy is licensed in Massachusetts and Rhode Island. Call 401-573-2265 for a free consultation.

Quick answer: The results below include dismissed DUI charges, DUI charges amended to reckless driving, dismissed refusal charges, a felony third offense amended to a first offense, and cases that ended with no loss of license. Each result depended on its own facts, including how the stop happened, what the evidence showed, and the client's record. Prior results do not guarantee a similar outcome. The best way to understand your options is a free consultation where your own report and evidence are reviewed.

Want to know what is realistic in your case? Call 401-573-2265 for a free consultation with Rory Munns, available 24/7.

DUI Results

DUI Results

A successful defense is measured by what happens to the client's record, license, and livelihood. The cases below are a sample of results Rory Munns has obtained. Client names and identifying details are omitted.

DUI and breath test refusal: amended to reckless driving

Facts: The client was driving erratically in a parking lot. An unidentified caller contacted police, who removed the client from the car and reported a strong odor of alcohol, slurred speech, and watery, bloodshot eyes. The client performed field sobriety tests, was said to have failed them, and refused the breath test.

  • DUI: amended to reckless driving with a one-year filing and no loss of license.
  • Refusal: dismissed.

DUI and breath test refusal: no interpreter provided

Facts: After a night out, the client was stopped for erratic driving. Police reported an odor of alcohol and bloodshot, watery eyes. The client spoke only Spanish, and police conducted field sobriety tests and requested a breath test without providing an interpreter. The client refused the breath test.

  • DUI: amended to reckless driving with no loss of license.
  • Refusal: dismissed.

DUI after an accident: felony exposure avoided

Facts: The client was involved in a car accident and charged with DUI, a third offense in eight years, facing a felony and a lengthy loss of license.

  • Result: no felony, a 90-day loss of license, and a $100 fine.

DUI with a breath result over 0.15

Facts: After hitting a curb and getting a flat tire, the client was waiting for roadside assistance when police approached. Police reported slurred speech and difficulty finding her license and registration. After field sobriety tests, her breath test result was over 0.15.

  • Result: a 30-day hardship license and a six-month interlock, with no loss of license.

DUI and refusal after a rear-end collision

Facts: Driving home from a holiday party, the client rear-ended a car stopped at a red light. Police reported a moderate odor of alcohol, slurred speech, and swaying during field sobriety tests. The client refused the breath test.

  • DUI: 30-day loss of license.
  • Refusal: dismissed.

DUI with a breath result over 0.15: dismissed

Facts: A 21-year-old Army veteran was driving home with two friends when the car went off the road and got stuck in the mud. By the time police arrived, all occupants were out of the car, and police charged the client because it was his car. His breath test result was over 0.15.

  • Result: dismissed.

DUI and refusal after a rollover on Route 95

Facts: Leaving work, the client flipped his car on Route 95. Police reported an odor of alcohol, bloodshot eyes, slurred speech, and unsteadiness. The client was said to have failed field sobriety tests and refused the breath test.

  • DUI: 30-day loss of license.
  • Refusal: dismissed.

Felony third offense DUI: amended to first offense

Facts: After a dispute outside his home, the client left before police arrived, was stopped, and was charged with DUI third offense, a felony with mandatory jail time.

  • Result: amended to a first offense misdemeanor with a 90-day loss of license.

DUI and refusal: job saved

Facts: Stopped for speeding after a night out, the client was reported to have slurred speech, bloodshot eyes, and unsteady balance during field sobriety tests, and refused the breath test. A DUI conviction or license loss would have cost him his job.

  • DUI: dismissed.
  • Refusal: 30-day hardship license and six-month interlock, with no loss of license and no loss of job.

Commercial driver: amended to reckless driving

Facts: A CDL holder was stopped for several traffic violations, admitted to drinking, stumbled before field sobriety tests, and had a breath result over 0.15.

  • Result: amended to reckless driving with no loss of license.

18-year-old student: amended charge

Facts: A high school student was stopped for speeding, charged with DUI, and had a breath result over 0.10.

  • Result: amended to driving while impaired with a 30-day loss of license, and the charge was expunged from her record after the 30-day suspension ended.

7 Things These Results Have in Common

  1. The report was not the whole story. Each case turned on details the police report did not emphasize.
  2. Refusals were handled separately. The refusal side of the case often had its own path to dismissal.
  3. Language and procedure mattered. Failing to provide an interpreter or follow procedure can change a case.
  4. Operation can be disputed. Owning the car is not the same as driving it.
  5. Offense level is negotiable. Prior records can be challenged and charges amended.
  6. Jobs and licenses were protected. Outcomes were shaped around what mattered most to each client.
  7. Early work paid off. Each result began with a prompt review of the evidence.

How a Case Like These Is Built

  1. Consultation. Rory reviews the facts, your record, and what matters most to you.
  2. Evidence. The report, videos, and breath test records are obtained.
  3. Issues. The stop, the tests, operation, procedure, and prior record are all examined.
  4. Negotiation. The weaknesses are presented to the prosecutor.
  5. Motions or trial. When negotiation is not enough, the evidence is challenged in court.
  6. License protection. Hardship relief and reinstatement are handled alongside the criminal case.

Disclaimer: These results are provided for informational purposes. Every case depends on its own facts and law, and prior results do not guarantee or predict a similar outcome.

Related Reading

Every case has its own story. Tell Rory yours. Call 401-573-2265 for a free consultation, day or night.

Criminal Defense Attorney Rory Munns

161 S Main St
Fall River, MA 02721

Phone: 401-573-2265

Frequently Asked Questions

Can a breath test refusal be dismissed?

It depends on the state and how the refusal is handled. In Massachusetts, a refusal leads to an administrative RMV suspension rather than a separate criminal charge, and it can be challenged at an RMV hearing requested within 15 days on narrow grounds, or lifted if you are found not guilty of the OUI. In Rhode Island, refusal is charged as a separate civil offense in the Traffic Tribunal, which can be contested and sometimes dismissed. Either way, the refusal side of a case has its own rules and deadlines and deserves separate attention from the drunk driving charge. A lawyer licensed in both states can explain which rules apply to you.

Can a breath test refusal be dismissed?2026-09-30T17:57:59-04:00

Can a DUI be dismissed if police did not see me driving?

It can be, depending on the evidence. The prosecution has to prove that you operated the vehicle. When police arrive after the fact and no one saw you driving, the Commonwealth must rely on other evidence, such as admissions, witnesses, the position of the car, or who owned it. Owning a car is not the same as driving it, and when several people were present, proving who was behind the wheel can be difficult. Statements you made at the scene are often the key evidence, which is one reason to say little until you have a lawyer. Cases with weak evidence of operation are strong candidates for dismissal.

Can a DUI be dismissed if police did not see me driving?2026-09-30T17:58:11-04:00

Can a felony DUI be reduced to a misdemeanor?

Sometimes. A DUI becomes a felony because of the offense level, such as a third offense in Massachusetts, or because of aggravating facts, such as serious injury. When the Commonwealth cannot properly prove one or more of the prior offenses, or when the evidence on the current charge is weak, the charge can sometimes be amended to a lower offense level. Prior records must be proven with adequate documentation, and old, incomplete, or out-of-state records are sometimes open to challenge. A reduction from felony to misdemeanor can mean the difference between state prison exposure and a much shorter sentence, and it is worth careful review in every felony DUI case.

Can a felony DUI be reduced to a misdemeanor?2026-09-30T17:58:05-04:00

Can I keep my job after a DUI arrest?

Often, yes, especially when the defense focuses on protecting the license and avoiding a conviction. Many jobs are at risk not because of the arrest but because of a license suspension or a conviction that appears on a background check. Outcomes like a dismissal, an amended charge, or a result that preserves driving privileges can keep people working. Commercial drivers, nurses, teachers, and others with professional licenses face extra rules and should tell their lawyer about them at the start so the defense strategy accounts for them. Knowing exactly what your job requires, such as a valid license or no DUI conviction, helps shape the goals of the case.

Can I keep my job after a DUI arrest?2026-09-30T17:58:08-04:00

Do past DUI results mean I will get the same outcome?

No. Past results show the kinds of outcomes that are possible when a case is defended carefully, but every case depends on its own facts: how the stop happened, what the video and records show, the breath test procedure, your prior record, and the court and prosecutor involved. Two cases that look similar on paper can end very differently. That is why no ethical lawyer can promise a particular result. What a lawyer can do is review your specific evidence, explain the realistic range of outcomes, and work toward the best one available. A free consultation is the best way to get an honest read on your own case.

Do past DUI results mean I will get the same outcome?2026-09-30T17:57:53-04:00

How do I get the best possible result in my DUI case?

Act quickly, say little, and let a lawyer review the evidence before you decide anything. Early action preserves video and records and protects deadlines like the 15-day window to challenge a Massachusetts refusal suspension. Being honest with your lawyer about the facts, your record, and what matters most to you, whether that is your license, your job, or avoiding a prior, helps shape the strategy. Follow all release conditions exactly. Complete any program the court orders on time. And do not accept a plea at the first court date without knowing what the evidence shows. Rory Munns offers a free consultation and answers the phone day and night.

How do I get the best possible result in my DUI case?2026-09-30T17:58:13-04:00

What does it mean when a DUI is amended to reckless driving?

It means the DUI charge is replaced with a lesser charge, usually reckless or negligent operation, often as part of a negotiated resolution when the evidence of impairment has weaknesses. The main benefit is that there is no DUI or OUI on your record, so it does not count as a prior DUI offense on any future charge and avoids many of the collateral consequences of a DUI. A reckless driving outcome can still carry a fine, possible license consequences, and insurance effects, depending on the jurisdiction and the terms. Whether an amendment is realistic depends on the facts, and it is usually negotiated after the defense has reviewed the evidence.

What does it mean when a DUI is amended to reckless driving?2026-09-30T17:57:56-04:00

What factors affect the outcome of a DUI case?

Many factors matter. The strongest are the legality of the stop and arrest, the quality of the field sobriety test evidence, whether the breath test followed the required procedures, and what the booking and cruiser video show. Your prior record, including any earlier DUI or 24D, affects the offense level and the options available. Aggravating facts, such as an accident, injury, a very high reading, or a child in the car, make outcomes harder. Language barriers, medical conditions, and procedural errors by police can help. Finally, how early a lawyer gets involved affects what evidence is preserved and which options remain open. Each of these is reviewed in a consultation.

What factors affect the outcome of a DUI case?2026-09-30T17:58:02-04:00
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