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BMV v. P.S.

Offense: OUI Refusal

Summary: The client was arrested for OUI and we contested the refusal aspect of the case at the BMV. Oftentimes, the testimony obtained from police officers during a hearing can prove invaluable to the defense of the criminal charges. In this particular case, the police officers who arrested my client brought my client in for a breath test. My client and the arresting officer were obviously at odds with each other and this played out during the breath testing sequence. My client attempted numerous times to provide a sample and the officer kept telling her that she was “messing with the machine.” Ultimately, a single sample was obtained from my client and the officer terminated the test early, which resulted in a refusal charge.

Result: We won the hearing on an interesting issue. During the waiting period, my client asked what the penalty would be for refusal and the officer informed her that it would be up to 2 years in jail. This minor issue violated my client’s due process rights and was in clear contravention to the Implied Consent warnings. The suspension was rescinded on the spot.

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