Offense: 5th offense OUI in 10 years
Mandatory Minimum Penalty: 6 months jail; $2,100.00 fine; 8-year loss of license and loss of the right to register the vehicle
Maximum Penalty: 5 years prison; $5,000.00 fine; 8+ year suspension of driver’s license
Summary: Client was stopped for failing to move to the left of a police officer who was out conducting a traffic stop. Officer terminated his contact with the other driver and stopped my client for the traffic infraction. The client admitted to drinking 2 beers earlier in the evening and was given a batter of field sobriety tests. The client performed poorly and was arrested for the OUI. The client had numerous medical conditions that brought into question the accuracy of the field tests as well as the breath test itself.
Result: I was able to negotiate the case from a 5th offense felony down to a 2nd offense misdemeanor in return for a jail sentence of 10 days and a license suspension of 3 years. The client avoided what would likely have been a prison sentence measured in years instead of months as well as the lengthy suspension.
