Drunk Driving Case Turns on Abuse Defense

WRENTHAM, Mass. —  A woman has been acquitted of drunken driving after claiming that she failed four sobriety tests because she feared she would be beaten by her husband.

The battered woman’s syndrome defense is often used in murder cases, but Kathleen Barrett is one of the first defendants to use the strategy against a drunken driving charge, said her attorney, Victor Sloan.

A jury found Barrett, 35, innocent of driving while under the influence. Instead, she was fined $35 for failing to stay in her lane. The jury deliberated less than two hours earlier this month.

Sloan said Barrett and her husband, who were married nine years, had a physically and emotionally abusive relationship.

“Yes, her driving was impaired, but it was not because of alcohol,” Sloan said. “It was because of the effect of the abusive relationship.”

She told police she drank three beers Jan. 23 over a four-hour period but claimed she was not intoxicated. Barrett refused to take a Breathalyzer test and failed parts of four sobriety tests.