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Search our complete database to find exactly what you are looking for regarding crimes and misdemeanors in Maine. If you can’t find what you need, reach out to us to learn more.

Cases Category: OUI, DUI, and DWI

STATE v. L.H.

Charge

OUI, with one prior (Class D), and Violation of Driving Condition Q (Class E)

Result

After an exhausting investigation of the actions and procedures used by the police during the stop and the arrest, we were able to negotiate an acceptable outcome for our client.  The prosecutor dismissed the OUI charge and our client entered a plea of guilty to the violation charge.  He served 7 days in jail, paid a $200.00 fine, and can apply for a work permit upon his release.  He is happy that he can continue to earn a living.
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STATE v. P.G.

Charge

OUI Refusal, Aggravated OUI (Class “C” felony), Reckless Conduct with a Deadly Weapon (Class “C” felony), Aggravated Assault (Class “B” felony)

Result

Local law enforcement did a shoddy investigation and failed to do a proper accident reconstruction in this case.  In addition, we had video evidence that supported our assertion that my client wasn’t impaired by alcohol and instead, was suffering from injuries sustained in the accident.  We also successfully argued that my client never refused to take a blood test and that the entire case was botched by the investigating officer.  As a result of our efforts, we secured dismissals of ALL four original charges.  As part of a plea agreement, my client pled guilty to a single count of Reckless Conduct (non-driving misdemeanor offense) and was placed on probation for a period of one (1) year.  Client was required to attend the 7 day alternative sentencing program.  Client, who’d never even had a speeding ticket, was able to avoid convictions on the felonies as well as the OUI Refusal, resulting in a clean criminal driver history.
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STATE v. R.M.

Charge

Leaving the Scene of an Accident (personal injury) and OUI (.28% BrAC)

Result

The client initially retained another attorney to represent him.  The client’s first attorney told him that there wasn’t much he could do to help and that the DA was seeking (and likely to get) 30 days jail for the hit-and-run and OUI charges. The client was terrified of the prospect of jail and ended up retaining my services.  We did an extensive interview with the client and reviewed his medical records, where it was determined that not only had my client been diagnosed with hyperglycemia 6 days prior to the OUI, based on his glucose levels, he was diabetic.  We suggested a meeting with an endocrinologist for the purpose of evaluating the client and diagnosing him with diabetes.  We then got a forensic chemist involved who reviewed my client’s medical records and agreed with our defense that the client was likely in a state of hyperglycemia at the time of the accident and not actually intoxicated by the alcohol consumed.  The elevated breath test was due to the ketones on his breath, combined with the minimal amount of alcohol consumed earlier in the day.  Ultimately, we were able to negotiate a no-jail OUI plea for my client and the Leaving the Scene of an Accident with Personal Injury was dismissed.  My client was thrilled that the specter of jail was now just a bad memory.
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STATE v. T.W.

Charge

OUI

Result

DA agreed to drop the case down to Driving to Endanger for a 30-day loss of license and a fine of $750.00.  The client had recently been diagnosed as pre-diabetic and we discovered that his glucose levels would have put him into ketoacidosis, which would explain the elevated breath test result.
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STATE v. G.C.

Charge

OUI Refusal

Result

After intense negotiations with the DA, the OUI Refusal was dismissed in return for a plea of guilty to Driving to Endanger and a fine of $575.00.  The client is from out of state and his license will not be affected by the Driving to Endanger conviction.  Therefore, the client will be able to continue to commute back and forth for work without any negative impact on his home state license.
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STATE v. M.M.

Charge

OUI Refusal

Result

 DA dismissed the OUI Refusal immediately prior to our hearing on a motion to suppress and client pled guilty to Driving to Endanger.  We had good facts and good issues for suppression and were confident that even if we failed to prevail at the hearing, we could secure an acquittal at trial.  However, client was concerned about the possibility of an OUI conviction as that would likely result in a lengthy suspension from his police department.
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STATE v. C.R. – OUI / DUI BrAC Charge

Charge

OUI (.17% BrAC)

Result

The client’s Miranda rights were violated during the interrogation, which resulted in a good argument to have her admission to driving thrown out.  Without being able to place the client behind the wheel, the state would have had a tough job proving the OUI if they couldn’t get the driver’s friend to testify.  DA dismissed the OUI and the client pled guilty to Driving to Endanger for a fine of $575.00 and a 30 day loss of license, concurrent with the BMV suspension.  Client was thrilled since this was the second time in 4 years we got the client off the hook for an OUI.
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STATE v. N.S.

Charge

OUI (2nd offense) with a high test (.21% BrAC)

Result

DA was originally looking for jail time as well as probation.  As a result of the pending motion to strike, the DA agreed to reduce the charge to a 1st offense OUI resulting in imposition of a sentence that included the alternative sentencing program and a 150 day loss of license.
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STATE v. J.D.

Charge

OUI Refusal

Result

OUI Refusal dismissed at docket call and the client pled guilty to Driving to Endanger for a fine of $1,000.00 and a 30-day loss of license.  We had a strong motion to suppress evidence tee’d up based on no RAS for the field sobriety tests.  In addition, there were some discovery violations that we were able to press to our advantage during our negotiations.  Those were the primary reasons for the dismissal of the OUI refusal charge.
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Kennebunk Office

The Maine Criminal Defense Group Maine Criminal Defense & OUI Lawyers Maine Criminal Defense Attorneys P: (207) 571-8146 / F: (207) 571-8162
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info@mainecdg.com

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The Maine Criminal Defense Group Maine Criminal Defense & OUI Lawyers P: (207) 292-5736 / F: (207) 571-8162
(By Appointment Only)
info@mainecdg.com

Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors; therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.

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