Even when things seem grim in your trial, there can still be a satisfying outcome. An older gentleman from Boston, Massachusetts became proof of this when a Lawrence Superior Court found him not guilty of what would have been his tenth OUI charge. This could have landed him in prison for a series of years. The man was brought before a 14-member jury to discuss his situation. Police claimed that his breath smelled of alcohol when he was pulled over, but his defense attorney faithfully pressed that this was because his client had not brushed his teeth that morning.

Donald Blackington, the defender, was arrested for this tenth DUI when he was found in his car on the side of the road one day in June 2011. The police say that he reeked of alcohol, and was unresponsive. However, he refused to take a breathalyzer test when he came to, and Blackington said that he was sick, not drunk. The 68-year-old told the courts that he has a heart condition and operates with only half a lung, so he often feels ill. Blackington’s license has already been revoked because of three consequent operating under the influence charges and his refusal to take a breathalyzer test in his most recent confrontation. He will never be permitted to drive again.

Blackington’s 9 previous DUIs occurred between 1962 and 2002. According to Melanie’s Law, he lost his license after the fifth offense. However, in some states the DUI rulings are different. After specified periods, you may be able to erase previous DUI’s from your record in an attempt to oust them from becoming a problem later on. In these cases, even those who are issued a subsequent DUI may be treated for a “first conviction.” You will want to look into your state DUI laws to learn if there is a way that you can erase your charges after a period of DUI abstinence.

Normally, erasing a DUI from your record will hinge on three components. You will need to determine whether or not there are DWI erase laws in your state. You will then need to evaluate the condition of your arrest. People who committed subsequent crimes such as attempting to flee from a police officer or refusing a breathalyzer test may have a harder time trying to acquit their past DUIs. You will also need to evaluate the procedures utilized in your trial. Sometimes judges will add a future acquittal into a plea bargain, in which case you will be able to erase the offense as long as you do not commit your crime again for a certain amount of time.

In Blackington’s case, the DUIs, which were completed over a 40-year period, were not mentioned during his trial. The jury had no idea that he had been charged with 9 previous offenses when they complained that they had little evidence to prove that he was guilty. In the end, the jury determined that they had waited for evidence long enough. 45 minutes after hearing both sides of the case, they came out with their surprising verdict. The prosecuting attorney declined to comment on the case when approached by the press.

Blackington claims that he is not only ill but a workaholic. He says that he spends 60 to 70 hours a week at his office, and sometimes takes a little alcohol to get his mind off of his schedule and the physical pain of his illnesses. Like Blackington, you may be able to excuse your DUI based on the circumstances of your arrest. Maybe you smelled like alcohol for a reason other than drinking, or possible you were ill the day of your arrest. Whatever your defense, a DUI lawyer will help you to develop it into a convincing case. Talk to someone in your location today for more information.