STATE v. T.B.

Charge:  OUI Refusal

Mandatory Minimum Penalty:  $700.00 fine; 4 days jail; 14 months loss of license

Maximum Penalty:  14 month loss of license; 364 days jail; $2,000.00 fine

Summary:  Client, who had worked a full day at the office, had left home to grab some cigarettes.  The client had a few drinks prior to driving and unfortunately, was stopped for suspicion of OUI.  The officer had my client perform field sobriety tests, which my client failed.  He was then arrested and brought to the police station for a breath test.  The client ultimately refused to take a breath test.

Result:  The client, a member of the US Navy, was at risk for termination of his career if convicted of the OUI Refusal.  As a result of a long and intensive negotiation, I was able to resolve the case with a plea to Driving to Endanger in return for a dismissal of the OUI Refusal.  The resolution ensured that my client didn’t lose his position with the US Navy.