Offense: 2nd Offense OUI .27%
Maximum Sentence: 364 days jail, 3 year loss of license, $2,000.00 fine
Mandatory Minimum Sentence: 7 days jail, 3 year loss of license, $700.00 fine
Synopsis: Client was passed out drunk behind the wheel of her car in a restaurant parking lot. Client’s car was running and her headlights were on. Officer feared that she had a medical issue as she was unresponsive. Once client was awakened, she admitted to drinking and was asked to perform field sobriety tests. Client was ultimately placed under arrest and administered a breath test back at the police station where she blew a .27%. As an aside, an empty liquor bottle was found on the seat of the car.
Result: A hearing before the BMV was held on the issue of probable cause. The hearings adminstrative officer agreed with my argument that because no one knew how long she’d been there and that there was evidence she may have consumed alcohol after arriving in the parking lot, the suspension was rescinded. Client was allowed to continue to drive and avoided a 3 year loss of license.
