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Offense: Aggravated OUI

Maximum Sentence: 364 days jail and a fine of $2,000.00.

Maximum Sentence: 364 days jail and a fine of $2,000.00.Mandatory Minimum Sentence: $500 fine, 48 hours jail and a license suspension of 90 days.

Synopsis: A BMV hearing was held on the issue of whether or not a valid breath test was obtained. The officer who operated the intoxilyzer obtained a breath test result of .24%. However, that test result was preceded by an invalid sample (.XXX) error message. Because the officer failed to restart the wait period as proper procedure would dictate, the test result was excluded and the client’s license was restored. The criminal case included an independent witness who called the client’s car in as a suspected drunk driver to 911 and gave a statement. Field sobriety tests were conducted and there were apparent issues with the administration of HGN as well as performance issues with the client.

Result: Client pled guilty to the charge of Driving to Endanger (DTE) for a fine of $600 and a license suspension of 30 days. The OUI charge was dismissed in light of the plea agreement. Had the client gone to trial and lost, it is likely that the court would have imposed a more severe jail term than was required by statute due to the driving issues reported by the eyewitness motorist.

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