Breath Test OUI Case

Test Margin of Error Case

State v. B.G.


Blood / Alcohol Content (BAC):

.10%

Defense:

Retrograde Extrapolation-Recent Alcohol Consumption

Defense Attorney:

Matthew B. Nichols

Offense:

Operating Under the Influence (OUI, DUI, DWI)

Maximum Sentence:

364 days in jail (minimum sanctions = 90 day license suspension and $400.00 fine)

Synopsis:

Client rejected plea offer of driving to endanger. Client was stopped for running red flashing lights in the Old Port and failed field sobriety tests.

Tests were done under poor conditions and client’s drink history put him at about a .08 BAC when driving versus the time of the test. Margins of error plus the difference in BAC when driving versus the subsequent administration of the breath test won the day.

Verdict:

Not Guilty

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