Offense: OUI
Maximum Penalty: 364 days jail, $2,000.00 fine, 90 day loss of license
Mandatory Minimum Penalty: 48 hours jail, $500 fine, 90 day loss of license
Summary: Client was stopped for erratic operation coming back from a local ski area. Client was asked to perform field sobriety tests and performed poorly. Client was arrested and brought back to the local police station where a breath test was administered. Client blew a .17% BrAC.
Result: We conducted a BMV hearing where we learned that the arresting officer, who subsequently administered a breath test, didn’t know what a .XXX error message meant. Since that error message should have clued the officer to restart the test and wait period and he didn’t, the BMV suspension was rescinded. Based on the BMV hearing testimony, the DA agreed to drop the charge down to a Driving to Endanger.
