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Boston Criminal Lawyer James G. DeGiacomo
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DUI & OUI ATTORNEYS
  • Former Prosecutor
  • Years of Experience with DUI Cases
  • 1st, 2nd, 3rd Offense DUIs & OUIs
  • Multiple Massachusetts Locations
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Case Results

  • Operating Under the Influence of Drugs
    Hingham District Court

    After a full review of the evidence, Attorney DeGiacomo filed and successfully argued a motion to dismiss the charge of Operating Under the Influence of Drugs. As a result of the motion to dismiss being allowed, CB was able to avoid possible jail time, thousands of dollars and fines, and a lengthy suspension of his driver’s license.

    Read More

    Operating Under the Influence of Drugs
    Hingham District Court

    CB was charged out of the Hingham District Court with Operating Under the Influence of Drugs, in July of 2017. The allegations against CB were that Massachusetts State Troopers found him sitting on a guard rail after an apparent accident. Troopers observed that CB was very unsteady on his feet, and after questioning did not know where he was. After some field sobriety tests, which the officers deemed to have been failed, they made the determination that CB was operating under the influence of drugs.

    After a full review of the evidence, Attorney DeGiacomo filed and successfully argued a motion to dismiss the charge of Operating Under the Influence of Drugs. During this argument, Attorney DeGiacomo argued that the case of Commonwealth v. Ferola required additional evidence than the prosecution had to support the charge of OUI Drugs. As a result of the motion to dismiss being allowed, CB was able to avoid possible jail time, thousands of dollars and fines, and a lengthy suspension of his driver’s license.

  • Operating a Motor Vehicle with a Suspended License for OUI
    Hingham District Court

    Upon review of the case, it was apparent to Attorney DeGiacomo, that the Hanover Police Department had mischarged JR. As a result of this, JR was able to avoid an otherwise unavoidable jail sentence.

    Read More

    Operating a Motor Vehicle with a Suspended License for OUI
    Hingham District Court

    JR was charged out of Hingham District Court with a sole count of Operating a Motor Vehicle with a Suspended License for OUI – a charge that carried a minimum mandatory jail sentence, without the possibility of any probation. Immediately upon review of the case, it was apparent to Attorney DeGiacomo, that the Hanover Police Department had mischarged JR, and that he should have been charged with a simply Operating a Motor Vehicle with a Suspended License – a charge that can often be dismissed upon a low payment in court costs.

    After attempting to explain the error in the charge to the prosecutor, Attorney DeGiacomo determined that a motion to dismiss would need to be filed. Attorney DeGiacomo then filed and argued the motion to dismiss the charge, citing Commonwealth v. Owyole, which was allowed. As a result of this, JR was able to avoid an otherwise unavoidable jail sentence.

  • Negligent Operation of a Motor Vehicle
    Milford District Court

    Attorney DeGiacomo successfully argued a motion to dismiss the matter. As a result of this TP never received this charge on her record.

    Read More

    Negligent Operation of a Motor Vehicle
    Milford District Court

    In a matter where TP was charged with Negligent Operation of a Motor Vehicle after a significant motor vehicle accident, Attorney DeGiacomo successfully argued a motion to dismiss the matter prior to TP’s arraignment. In his argument, Attorney DeGiacomo showed the court that the police department didn’t follow required protocol, and as a result, TP’s rights were infringed upon. The allowance of this motion to dismiss, resulted in the assurance that TP never received this charge on her record.

  • Operating Under the Influence of Intoxicating Liquor Boston Municipal Court - Roxbury Division

    During a successful cross-examination, Attorney DeGiacomo was able to point out that the officer's testimony differed widely from what she wrote in her police report. As a result of this, a verdict of Not Guilty on the sole count of Operating Under the Influence of Liquor was then returned.

    Read More

    Operating Under the Influence of Intoxicating Liquor Boston Municipal Court - Roxbury Division

    MR was charged out of the Roxbury Division of the Boston Municipal Court for Operating Under the Influence of Intoxicating Liquor in February of 2018. Attorney DeGiacomo was able to quickly secure a trial date for MR. At trial, a Northeastern University Police Officer testified that she observed MR passed out in his car while parked in the travel lane of Huntington Avenue. She further testified that it took numerous attempts to awake him, and once he was awake she was able to smell alcohol on his breath. The Officer also testified that she and another officer had to physically hold MR up to prevent him from falling once he was out of the car.

    During a successful cross-examination, Attorney DeGiacomo was able to point out that the officer’s testimony differed widely from what she wrote in her police report. As a result of this, Attorney DeGiacomo argued that the Commonwealth had not met its burden of proof. A verdict of Not Guilty on the sole count of Operating Under the Influence of Liquor was then returned.

    After the trial concluded, Attorney DeGiacomo argued that the judge should order the Registry of Motor Vehicles to immediately reinstate MR’s driver’s license, which had been suspended for 180 days as a result of his arrest. After extended arguments against this motion by the Commonwealth, the judge ruled in MR’s favor and ordered the RMV to give his license back.

  • Operating Under the Influence of Intoxicating Liquor Boston Municipal Court - Brighton Division

    Attorney DeGiacomo argued that the case should be dismissed due to the Commonwealth’s sole witness, a Massachusetts State Trooper, not being present for the trial. After a short hearing, the Judge Agreed with Attorney DeGiacomo’s argument and dismissed the case.

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    Operating Under the Influence of Intoxicating Liquor Boston Municipal Court - Brighton Division

    CS was charged out of the Brighton Division of the Boston Municipal Court for Operating Under the Influence of Intoxicating Liquor in November of 2017. After a full review of the case, Attorney James G. DeGiacomo was able to determine that that the favorable arguments that could be made on behalf of CS would likely be outweighed by a breathalyzer result of almost twice the legal limit. However, Attorney DeGiacomo was able to navigate the court system to ensure that the case would be scheduled for trial during a period of time where the breathalyzer results are barred from being entered into evidenced due to ongoing litigation regarding their reliability.

    On the second trial date on February 20, 2018, a mere three months after CS was originally charged with this offense, Attorney DeGiacomo argued that the case should be dismissed due to the Commonwealth’s sole witness, a Massachusetts State Trooper, not being present for the trial. After a short hearing, the Judge Agreed with Attorney DeGiacomo’s argument and dismissed the case.

  • Operating Under the Influence of Alcohol
    Boston Municipal Court – Brighton Division

    After a successful cross-examination, Attorney James G. DeGiacomo was able to show that the Trooper deviated substantially from his training. He then argued that the Commonwealth had not met their burden of proof beyond a reasonable doubt. The resulting verdict was Not Guilty on the sole count of Operating Under the Influence of Alcohol.

    Read More

    Operating Under the Influence of Alcohol
    Boston Municipal Court – Brighton Division

    A Massachusetts State Trooper observed K.A. traveling over the center double line for a few hundred feet. As a result of this observation, the Trooper conducted a motor vehicle stop. While speaking with K.A., the Trooper learned that K.A. had drank three bud lights. In addition, the Trooper observed K.A. to have bloodshot and glassy eyes, and an odor of alcohol coming from his breath. Due to these observations, the Trooper ordered K.A. out of the car to conduct field sobriety tests. The Trooper testified that during the nine step walk and turn test, K.A. lost his balance, started early, missed touching his heal to his toe, and turned improperly. Furthermore, the Trooper testified that during the one leg stand test, K.A. raised his arms, swayed, and put his foot down early.

    K.A. was subsequently arrested and charged with Operating Under the Influence of Alcohol.

    After a successful cross-examination, Attorney James G. DeGiacomo was able to show that the Trooper deviated substantially from his training. He then argued that the Commonwealth had not met their burden of proof beyond a reasonable doubt. The resulting verdict was Not Guilty on the sole count of Operating Under the Influence of Alcohol.

  • (1) Operating Under the Influence of Alcohol - (2) Negligent Operation of a Motor Vehicle Ayer District Court

    During a successful cross-examination, Attorney James G. DeGiacomo was able to establish that many of the cues the officer was trained to look for when investigating an OUI simply were not present during his interaction with E. M. The resulting verdict was Not Guilty on both charges.

    Read More

    (1) Operating Under the Influence of Alcohol - (2) Negligent Operation of a Motor Vehicle Ayer District Court

    Boxborough Police initiated contact with E. M. after observing that his truck and the car in front of him were stopped at a stop sign for “an unreasonable amount of time.” During their initial contact with E. M., officers observed bloodshot glassy eyes and an odor of alcohol coming from his truck. After arresting the operator of the car in front of his for OUI Liquor, officers returned to E. M. to conduct field sobriety tests. As a result of the tests, E. M. was charged with (1) Operating Under the Influence of Alcohol – Second Offense; and (2) Negligent Operation of a Motor Vehicle.

    During a successful cross-examination, Attorney James G. DeGiacomo was able to establish that many of the cues the officer was trained to look for when investigating an OUI simply were not present during his interaction with E. M. In addition, Attorney DeGiacomo was able to show that prior injuries that E. M. suffered could have been the reason for the poor results on the field sobriety tests.

  • (1) Operating Under the Influence of Alcohol; and (2) Possession with Intent to Distribute a Class D Drug Boston Municipal Court - Central Division

    Attorney James G. DeGiacomo was able to show that the Troopers deviated substantially from their training. He then argued that the Commonwealth had not met their burden of proof beyond a reasonable doubt. The resulting verdict was Not Guilty on both counts.

    Read More

    (1) Operating Under the Influence of Alcohol; and (2) Possession with Intent to Distribute a Class D Drug Boston Municipal Court - Central Division

    Massachusetts State Troopers observed J.J. traveling 70 mph in a 45 mph zone on Route 93 and make several marked lanes violations. After conducting a motor vehicle stop, the Troopers made observations that led them to believe that J.J. was operating while under the influence of alcohol. J.J. was subsequently arrested after a series of field sobriety tests. After the arrest, the Troopers searched the motor vehicle where they found numerous large and small bags of a substance they believed to be marijuana.

    J.J. was charged with (1) Operating Under the Influence of Alcohol; and (2) Possession with Intent to Distribute a Class D Drug.

    After a successful cross-examination, Attorney James G. DeGiacomo was able to show that the Troopers deviated substantially from their training. He then argued that the Commonwealth had not met their burden of proof beyond a reasonable doubt. The resulting verdict was Not Guilty on both counts.

  • Sole count of Assault and Battery on a Pregnant Victim - Brockton District Court

    SS was charged out of the Brockton District Court with a sole count of Assault and Battery on a Pregnant Victim. The allegations were that SS pushed his wife to the floor during an argument. At trial, Attorney DeGiacomo was able to successfully get the charge reduced to a simple Assault and Battery, meaning that SS no longer faced a felony.

    Read More

    Sole count of Assault and Battery on a Pregnant Victim - Brockton District Court

    The allegations were that SS pushed his wife to the floor during an argument. At trial, Attorney DeGiacomo was able to successfully get the charge reduced to a simple Assault and Battery, meaning that SS no longer faced a felony. Then, Attorney DeGiacomo was able to successfully preclude the prosecutor from entering records and eliciting testimony that the alleged victim later suffered a miscarriage and was hospitalized, allegedly as a result of this incident. With much of the prosecutions’ anticipated evidence thrown out, Attorney DeGiacomo was able to secure a Not Guilty verdict for SS. Saving him potential jail time and possible immigration consequences.

  • Operating Under the Influence of Drugs
    Hingham District Court

    After a full review of the evidence, Attorney DeGiacomo filed and successfully argued a motion to dismiss the charge of Operating Under the Influence of Drugs. As a result of the motion to dismiss being allowed, CB was able to avoid possible jail time, thousands of dollars and fines, and a lengthy suspension of his driver’s license.

    Read More

    Operating Under the Influence of Drugs
    Hingham District Court

    CB was charged out of the Hingham District Court with Operating Under the Influence of Drugs, in July of 2017. The allegations against CB were that Massachusetts State Troopers found him sitting on a guard rail after an apparent accidence. Troopers observed that CB was very unsteady on his feet, and after questioning did not know where he was. After some field sobriety tests, which the officers deemed to have been failed, they made the determination that CB was operating under the influence of drugs.

    After a full review of the evidence, Attorney DeGiacomo filed and successfully argued a motion to dismiss the charge of Operating Under the Influence of Drugs. During this argument, Attorney DeGiacomo argued that the case of Commonwealth v. Ferola required additional evidence than the prosecution had to support the charge of OUI Drugs. As a result of the motion to dismiss being allowed, CB was able to avoid possible jail time, thousands of dollars and fines, and a lengthy suspension of his driver’s license.

  • Operating a Motor Vehicle with a Suspended License for OUI
    Hingham District Court

    Upon review of the case, it was apparent to Attorney DeGiacomo, that the Hanover Police Department had mischarged JR. As a result of this, JR was able to avoid an otherwise unavoidable jail sentence.

    Read More

    Operating a Motor Vehicle with a Suspended License for OUI
    Hingham District Court

    JR was charged out of Hingham District Court with a sole count of Operating a Motor Vehicle with a Suspended License for OUI – a charge that carried a minimum mandatory jail sentence, without the possibility of any probation. Immediately upon review of the case, it was apparent to Attorney DeGiacomo, that the Hanover Police Department had mischarged JR, and that he should have been charged with a simply Operating a Motor Vehicle with a Suspended License – a charge that can often be dismissed upon a low payment in court costs.

    After attempting to explain the error in the charge to the prosecutor, Attorney DeGiacomo determined that a motion to dismiss would need to be filed. Attorney DeGiacomo then filed and argued the motion to dismiss the charge, citing Commonwealth v. Owyole, which was allowed. As a result of this, JR was able to avoid an otherwise unavoidable jail sentence.

  • Negligent Operation of a Motor Vehicle
    Milford District Court

    Attorney DeGiacomo successfully argued a motion to dismiss the matter. As a result of this TP never received this charge on her record.

    Read More

    Negligent Operation of a Motor Vehicle
    Milford District Court

    In a matter where TP was charged with Negligent Operation of a Motor Vehicle after a significant motor vehicle accident, Attorney DeGiacomo successfully argued a motion to dismiss the matter prior to TP’s arraignment. In his argument, Attorney DeGiacomo showed the court that the police department didn’t follow required protocol, and as a result, TP’s rights were infringed upon. The allowance of this motion to dismiss, resulted in the assurance that TP never received this charge on her record.

  • Operating Under the Influence of Intoxicating Liquor Boston Municipal Court - Roxbury Division

    During a successful cross-examination, Attorney DeGiacomo was able to point out that the officer's testimony differed widely from what she wrote in her police report. As a result of this, a verdict of Not Guilty on the sole count of Operating Under the Influence of Liquor was then returned.

    Read More

    Operating Under the Influence of Intoxicating Liquor Boston Municipal Court - Roxbury Division

    MR was charged out of the Roxbury Division of the Boston Municipal Court for Operating Under the Influence of Intoxicating Liquor in February of 2018. Attorney DeGiacomo was able to quickly secure a trial date for MR. At trial, a Northeastern University Police Officer testified that she observed MR passed out in his car while parked in the travel lane of Huntington Avenue. She further testified that it took numerous attempts to awake him, and once he was awake she was able to smell alcohol on his breath. The Officer also testified that she and another officer had to physically hold MR up to prevent him from falling once he was out of the car.

    During a successful cross-examination, Attorney DeGiacomo was able to point out that the officer’s testimony differed widely from what she wrote in her police report. As a result of this, Attorney DeGiacomo argued that the Commonwealth had not met its burden of proof. A verdict of Not Guilty on the sole count of Operating Under the Influence of Liquor was then returned.

    After the trial concluded, Attorney DeGiacomo argued that the judge should order the Registry of Motor Vehicles to immediately reinstate MR’s driver’s license, which had been suspended for 180 days as a result of his arrest. After extended arguments against this motion by the Commonwealth, the judge ruled in MR’s favor and ordered the RMV to give his license back.

  • Operating Under the Influence of Alcohol
    Boston Municipal Court – Brighton Division

    After a successful cross-examination, Attorney James G. DeGiacomo was able to show that the Trooper deviated substantially from his training. He then argued that the Commonwealth had not met their burden of proof beyond a reasonable doubt. The resulting verdict was Not Guilty on the sole count of Operating Under the Influence of Alcohol.

    Read More

    Operating Under the Influence of Alcohol
    Boston Municipal Court – Brighton Division

    A Massachusetts State Trooper observed K.A. traveling over the center double line for a few hundred feet. As a result of this observation, the Trooper conducted a motor vehicle stop. While speaking with K.A., the Trooper learned that K.A. had drank three bud lights. In addition, the Trooper observed K.A. to have bloodshot and glassy eyes, and an odor of alcohol coming from his breath. Due to these observations, the Trooper ordered K.A. out of the car to conduct field sobriety tests. The Trooper testified that during the nine step walk and turn test, K.A. lost his balance, started early, missed touching his heal to his toe, and turned improperly. Furthermore, the Trooper testified that during the one leg stand test, K.A. raised his arms, swayed, and put his foot down early.

    K.A. was subsequently arrested and charged with Operating Under the Influence of Alcohol.

    After a successful cross-examination, Attorney James G. DeGiacomo was able to show that the Trooper deviated substantially from his training. He then argued that the Commonwealth had not met their burden of proof beyond a reasonable doubt. The resulting verdict was Not Guilty on the sole count of Operating Under the Influence of Alcohol.

  • (1) Operating Under the Influence of Alcohol - (2) Negligent Operation of a Motor Vehicle Ayer District Court

    During a successful cross-examination, Attorney James G. DeGiacomo was able to establish that many of the cues the officer was trained to look for when investigating an OUI simply were not present during his interaction with E. M. The resulting verdict was Not Guilty on both charges.

    Read More

    (1) Operating Under the Influence of Alcohol - (2) Negligent Operation of a Motor Vehicle Ayer District Court

    Boxborough Police initiated contact with E. M. after observing that his truck and the car in front of him were stopped at a stop sign for “an unreasonable amount of time.” During their initial contact with E. M., officers observed bloodshot glassy eyes and an odor of alcohol coming from his truck. After arresting the operator of the car in front of his for OUI Liquor, officers returned to E. M. to conduct field sobriety tests. As a result of the tests, E. M. was charged with (1) Operating Under the Influence of Alcohol – Second Offense; and (2) Negligent Operation of a Motor Vehicle.

    During a successful cross-examination, Attorney James G. DeGiacomo was able to establish that many of the cues the officer was trained to look for when investigating an OUI simply were not present during his interaction with E. M. In addition, Attorney DeGiacomo was able to show that prior injuries that E. M. suffered could have been the reason for the poor results on the field sobriety tests.
    The resulting verdict was Not Guilty on both charges.

  • (1) Operating Under the Influence of Alcohol; and (2) Possession with Intent to Distribute a Class D Drug Boston Municipal Court - Central Division

    Attorney James G. DeGiacomo was able to show that the Troopers deviated substantially from their training. He then argued that the Commonwealth had not met their burden of proof beyond a reasonable doubt. The resulting verdict was Not Guilty on both counts.

    Read More

    (1) Operating Under the Influence of Alcohol; and (2) Possession with Intent to Distribute a Class D Drug Boston Municipal Court - Central Division

    Massachusetts State Troopers observed J.J. traveling 70 mph in a 45 mph zone on Route 93 and make several marked lanes violations. After conducting a motor vehicle stop, the Troopers made observations that led them to believe that J.J. was operating while under the influence of alcohol. J.J. was subsequently arrested after a series of field sobriety tests. After the arrest, the Troopers searched the motor vehicle where they found numerous large and small bags of a substance they believed to be marijuana.

    J.J. was charged with (1) Operating Under the Influence of Alcohol; and (2) Possession with Intent to Distribute a Class D Drug.

    After a successful cross-examination, Attorney James G. DeGiacomo was able to show that the Troopers deviated substantially from their training. He then argued that the Commonwealth had not met their burden of proof beyond a reasonable doubt. The resulting verdict was Not Guilty on both counts.

  • Sole count of Assault and Battery on a Pregnant Victim - Brockton District Court

    SS was charged out of the Brockton District Court with a sole count of Assault and Battery on a Pregnant Victim. The allegations were that SS pushed his wife to the floor during an argument. At trial, Attorney DeGiacomo was able to successfully get the charge reduced to a simple Assault and Battery, meaning that SS no longer faced a felony.

    Read More

    Sole count of Assault and Battery on a Pregnant Victim - Brockton District Court

    The allegations were that SS pushed his wife to the floor during an argument. At trial, Attorney DeGiacomo was able to successfully get the charge reduced to a simple Assault and Battery, meaning that SS no longer faced a felony. Then, Attorney DeGiacomo was able to successfully preclude the prosecutor from entering records and eliciting testimony that the alleged victim later suffered a miscarriage and was hospitalized, allegedly as a result of this incident. With much of the prosecutions’ anticipated evidence thrown out, Attorney DeGiacomo was able to secure a Not Guilty verdict for SS. Saving him potential jail time and possible immigration consequences.

Former Massachusetts Prosecutor now focusing in DUI & Criminal Defense

Boston DUI First Offense

1st Offense DUI

With the assistance of Boston DUI Attorney James G. DeGiacomo as your Criminal Defense Lawyer, your exposure may be limited to a one-year period of administrative probation during which you would attend a sixteen-week Alcohol Education Program.

Massachusetts DUI Laws

Massachusetts DUI Laws

As a former prosecutor, Boston DUI Attorney James G. DeGiacomo knows the nuances of the Massachusetts DUI law. Even the most seemingly insignificant detail can create Reasonable Doubt that can help prove your innocence. Attorney James G. DeGiacomo knows what those details are and can exploit them to your benefit.

Subsequent DUI Offenses

Subsequent DUI Offenses

A Second Offense DUI is a serious matter with potentially serious consequences. Your Life and Your License are too important to go it alone. Call today for a Free Consultation so that we can get you back on the road and back to your normal life.

Massachusetts License Issues

License Issues

A suspended license does NOT mean a suspended life. Your job, your medical appointments, your daily responsibilities do not have to fall by the wayside. Click here to see how Attorney James G. DeGiacomo can help you, as he has helped others, get back on the road, back to work and back to life.

You need an Experienced Boston DUI Attorney to defend you

Massachusetts laws can be confusing and the unknown outcome of any pending drunk driving charges can be frightening. You shouldn't go through this process alone and Boston DUI Attorney James G. DeGiacomo can help! If you have been arrested or charged with an OUI, the decisions you face going forward can be daunting and overwhelming. Time is of the essence, if you delay hiring an attorney you may risk missing an opportunity to save your license.

A conviction of a First Offense drunk driving charge not only carries the stigma of a criminal conviction but also fines ranging from $500-$5,000, potential incarceration up to 2 1/2 years, and a license suspension of up to 1 year. The consequences for subsequent offenses increase dramatically from there.

Your Life and Your License Are Too Important To Go Through This Alone!

Norwell DUI Attorney James G. DeGiacomo is a knowledgeable Massachusetts OUI lawyer who will represent your interests from start to finish. Whether you need representation at hearings at the registry of motor vehicles, assistance obtaining a hardship license in Massachusetts, defense against criminal charges or all of the above, Boston DUI Attorney James G. DeGiacomo is the guy for the job. He will help you resolve your situation as quickly, painlessly and affordably as possible; while at the same time achieving the most favorable outcome based upon your specific circumstances.

Of course, you could hire any general criminal defense lawyer to represent you, but with so much on the line, why take the risk?

Attorney James G. DeGiacomo's practice focuses on defending cases involving OUI / DUI in Massachusetts. By engaging the services of an experienced lawyer who is dedicated to defending these types of criminal charges, you are leaving very little to chance.

Whether you were arrested in Suffolk County and you need a Boston based attorney to represent you, or you were charged with driving under the influence in Gloucester while vacationing, Boston DUI Attorney James G. DeGiacomo is available to assist you 24 Hours a day, 7 days a week.

Being arrested or charged with a DUI can be a confusing and scary time for anyone. You might be wondering what happens next? What happens to my license? What types of fines or penalties am I facing? Will I go to jail?
You need a seasoned Boston DUI Lawyer familiar with Massachusetts drunk driving laws who can provide you with the best defense for your case!

Don't wait, request a FREE case evaluation OR CALL NOW (617) 934-8585 available 24 hours a day.

Contact Attorney James G. DeGiacomo For Help Today

Defending Your Freedom Against DUI Charges

  • Successfully defended hundreds of clients
  • Represented clients in MA District, Superior, Appellate, and Federal Courts
  • Faculty Speaker - "Cutting Issues in Criminal Law", MCLE Southeastern MA Regional Conference, February 2017
  • Obtained Not Guilty Verdicts on DUI cases when:
    • Clients have had prior convictions
    • Clients have been involved in accidents
    • Clients have admitted to drinking
    • Clients have been found sleeping behind the wheel

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