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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. J.N.

Charge

OUI (.11%)

Result

Because the client’s clothing was saturated in gasoline, the Intoxilyzer 8000 kept registering errors. The arresting officer did not follow proper protocols to ensure that the gasoline fumes dissipated from the room and as a result, I was able to convince the DA to dismiss the OUI charge. My client pled guilty to Driving to Endanger for a fine of $575.00 and a 30 day loss of license. Because my client was from Texas and Texas doesn’t recognize Maine’s DTE statute, my client’s TX DL was never suspended by Texas. Client worked for the Texas State Penitentiary system and a conviction would have been catastrophic for his / her career.
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STATE v. H.W.

Charge

OUI Refusal

Result

Client would lose his / her job if convicted of the OUI.  This case was a “loser” right out of the gate and there was zero chance of winning this case on the merits.  So instead, I successfully negotiated a DTE out of this case.  I provided the DA with a letter from my client’s employer who specifically stated that the client would be terminated if convicted of the OUI as his / her license was a necessary part of performing his / her job.  Client agreed to enroll in the Alternative Sentencing Program in lieu of jail and received a $1,000.00 fine and a 30 day loss of license, which had no effect on him / her because TX doesn’t have a DTE statute.  Client was elated!
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STATE v. F.F.

Charge

1st offense OUI with a .16% BrAC test

Result

My client had a significant disability as one leg was shorter than the other.  Client was also a diabetic.  The officer never medically qualified my client for SFSTs or the breath test and as a result, the client was unable to properly perform the field sobriety tests to the satisfaction of the officer.  We brought these issues to the attention of the DA who agreed to dismiss the OUI in return for a plea of guilty to DTE, which included a fine of $575.00 and a license suspension of 30 days.  We had the Court order the BMV to run the 30 day DTE suspension concurrently with the previously imposed BMV suspension for the administrative OUI.
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STATE v. D.R.

Charge

OUI (.16%)

Result

Prior to the dispositional conference we’d been asking for discovery that was missing from the file.  We never received the missing discovery, which included the 911 tapes.  I successfully leveraged that failure to provide us with discovery into a dismissal of the OUI charge and a plea of guilty to Driving to Endanger for a 30 day loss of license and $575.00 fine.  Pennsylvania doesn’t have a DTE statute so the client’s PA DL was never suspended.
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STATE v. C.C.

Charge

OUI

Result

Client was a member of the US armed forces.  A conviction would likely have cost the client his / her career as the client had nearly 18 years of meritorious service and was close to retirement.  My client was pushing me hard for a DTE but I wanted a full dismissal.  Ultimately, the DA relented and agreed to file the case for $300.00 and 6 months.  Assuming the client stayed out of trouble, the case would be dismissed after 6 months.  My client still maintained their innocence and never pled guilty, therefore, allowing him / her to maintain his / her dignity, keeping his / her service record and career intact.
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STATE v. B.M.

Charge

OUI (.17%)

Result

Ultimately, the DA agreed to dismiss the OUI due to lack of evidence of driving under the influence.  I successfully argued that the lack of admissions to driving after drinking, coupled with numerous bottles of alcohol found at the scene, would make it impossible to prove at trial.  The DA agreed and my client walked out of court without a criminal record.
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STATE v. A.G. – DUI / OUI

Charge

OUI, DUI, DWI, and Theft

Result

By agreement and following a spirited negotiation with the local DA, the case was fully dismissed.
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BMV v. A.M. pt. 1

Charge

Alcohol Crimes, OUI, DUI, and DWI

Result

Through extensive cross examination of the police officer, we learned that he was unsure of whether or not he did a proper mouth check and 15 minute wait period.    Luckily, I come prepared with the video from the Intoxilyzer room and a laptop ready to play the evidence for the hearings administrative officer.  After playing the video for the hearings administrative officer, the case was dismissed due to an improper mouth check in 15 minute wait period.  These results are not uncommon, as officers frequently skirt or forget to follow proper procedures when administering a breath test.
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BMV v. S.C.

Charge

 OUI – BMV Hearing

Result

The officer admitted under oath that he had failed to not only check my client’s mouth but to stay in the room with him the entire time prior to the administration of the breath test.  This resulted in the dismissal of the Bureau of Motor Vehicle suspension.
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The Maine Criminal Defense Group Maine Criminal Defense & OUI Lawyers Maine Criminal Defense Attorneys P: (207) 571-8146 / F: (207) 571-8162 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 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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