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BMV v. S.P.

Offense: OUI

Summary: Client was driving home and was stopped for drifting over the center line.  Client showed signs of intoxication and admitted to consuming four beers with the most recent beer being consumed 20 minutes prior to the stop.  Based on this information, the officer had the client exit his car so that he could administer field sobriety tests.  Field sobriety tests were unremarkable and the officer admitted she thought it was a close call on whether or not the client was impaired by alcohol.  However, the officer erred on the side of caution and placed my client under arrest for OUI.  My client tested at a .08% BrAC at nearly an hour after the stop occurred.

Result: We enlisted the services of the state’s chemist who performed a Widmark calculation.  Based on the evidence presented to the chemist, his calculations indicated that my client was below a .08% BrAC at the time of driving.  The license suspension was rescinded and my client’s driver’s license was immediately restored.

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