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Home > STATE v. M.O. (BMV result)

STATE v. M.O. (BMV result)

Offense: OUI (.20%)

Mandatory Minimum Penalty: $500 fine; 48 hours jail; 90 day loss of license

Maximum Penalty: 364 days jail; $2,000.00 fine; 90 day loss of license

Summary: Client was stopped for suspicion of OUI.  Client performed poorly on field sobriety tests and was arrested for OUI.  Client was brought to the local police department where a breath test was administered.  Client blew a .20% BrAC, which is 2.5 times the legal limit.

Outcome (BMV): We conducted a hearing at the BMV where the contested issue was whether or not the breath test was properly administered.  During the breath test, the client belched on 3 separate occasions.  On the first 2 occasions, the officer restarted the wait period and administered a new test.  On the 3rd occasion, the officer failed to restart the wait period and administered the test; in spite of the knowledge that the client had belched.  Based on the officer’s testimony, the hearing’s administrative officer found that the test result was NOT reliable and the suspension was rescinded!  Client was very happy.

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