On July 4, 2009 eighteen year old Dana Barczewski, a Newton, Massachusetts resident rear ended a woman while driving in Burlington. Apparently two witnesses reported that Barczewski cut them off and almost hit a utility pole. She continued driving, striking the victim’s car. She was then seen searching her car and throwing an object into the bushes near the accident. The responding officer located a bottle of Patrone Tequilla. Barczewski was given four field sobriety tests which officers claim she failed. She was then arrested and at the Burlington Police station she blew a .10 and a .12 on the Breathalyzer Test. The case charging Barczewski with OUI is now pending in the Woburn District Court.
This is one of those cases that is very difficult to successfully try. Anytime you have the combination of independent witnesses observing erratic driving, an accident, an attempt to conceal partially consumed alcohol, failed field sobriety tests and a breathalyzer reading of .08 or higher you are going to have problems convincing a judge or a jury to acquit your client. While these factors sitting alone are often subject to a successful challenge, collectively they create an enormous hurdle for the defense to jump. If this is the defendant’s first offense she will likely receive the “24D” alternative disposition and her operating privileges might be restored shortly if a hardship license is granted.
The Law Offices of Stephen Neyman defends Drunk Driving Cases in Massachusetts on a regular basis. If you have been charged with OUI in Massachusetts call our office now at 617-263-6800 or contact us online.