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Home > STATE v. S.B.


Offense: OUI with a breath test of over 3x the legal limit (.27%)

Maximum Sentence: 364 days jail, 90 days loss of license and a fine of $2,000.00.

Mandatory Minimum Sentence: 48 hours jail, $500 fine and loss of license 90 days.

Synopsis: Client had an extreme case of gastrointestinal esophageal reflux disease. Client performed poorly on the field sobriety tests and there was credible evidence that she was operating her car in an extremely erratic fashion.

Result: Client pled guilty to a non-aggravated OUI charge for a fine of $500 and a suspension of her driving privileges for 90 days. Due to the extremely high BrAC level, a judge could have imposed a much harsher sentence than the mandatory minimum of 48 hours. Therefore, a plea agreement to no jail and no alternative sentencing was in her best interests. The evidence collected concerning her GERD issue was key in this particular case and gave credence to our argument that while she may have been impaired, she wasn’t over a .15%.

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