Charge: OUI (.13% BrAC)
Maximum Penalty: $2,000.00 fine; 364 days jail; 150 day loss of license
Summary: Client was stopped for speeding. While speaking with the officer, the client appeared to slur her speech and admitted to recent consumption of alcohol. The officer administered field sobriety tests, which the client then failed. Client was arrested for suspicion of OUI. When the officer attempted to administer the breath test, the machine failed 3x in a row for a cal check failure. Ultimately, a test result was registered but no explanation was provided for the machine error issues and thus, reasonable doubt was raised.
Result: In light of the machine error issues, DA agreed to place my client on Deferred Disposition for a period of one (1) year. At the end of the year, the DA would dismiss the OUI charge and client would agree to Reckless Conduct (non-driving offense) for a fine of $500.00. Client thus avoided any increase in insurance costs as well as kept her motor vehicle record clean.
