Man Uses Obesity Defense in New Hampshire DWI Case

Defendant claims police should not have conducted sobriety tests because of his weight.

Jaimil Choudry was arrested on April 18 for suspicion of driving while intoxicated in New Hampshire. Choudry had refused to submit to a breath test and his arrest was based on his performance on standardized field sobriety tests. Choudry, who is 5'10" and weighs 230 pounds, says that his obesity should have been taken into account and the officers should not have asked him to perform certain sobriety tests. He and his DWI lawyer feel the police should not be able to testify that he 'failed' the tests.

A police lieutenant/prosecutor confirmed that police are trained to consider weight when a suspect is asked to perform certain sobriety tests, such as walking toe-to-toe.

The definition of obesity appears to be at the crux of the argument, with police claiming that a 5'10", 230 pound person can be physically fit. Choudry's NH DWI defense attorney submitted documents from Met Life Insurance and the Centers for Disease Control showing that his client's height-weight ratio falls within standards defined as obese.

The DWI defense has indicated that the weight issue is not a request for automatic dismissal, rather they want the testimony of the police to be restricted from saying that the results of the tests were consistent with their training to identify intoxication.

Choudry's case is scheduled to go to trial September 8.

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