Breathalyzer OUI Case

Acid Reflux Disease Case

State v. S.H.


Blood / Alcohol Content (BAC):

.15%

Defense:

Acid Reflux Disease

Defense Attorney:

Matthew B. Nichols

Offense:

Operating Under the Influence (OUI, DUI, DWI)

Maximum Sentence:

364 days in jail (minimum 48 hours), 90-day license suspension, $400 fine

Synopsis:

Client was in jeopardy of losing license to practice medicine when charged with OUI in Maine. The arresting officer testified that Client was driving without headlights at night and operating erratically. Client failed roadside sobriety tests, but he did well on balance tests at the police station. Client provided a breath test on the Intoxilyzer 5000 with a result of .15%.

The defense introduced evidence that calibration checks were not properly conducted on the Intoxilyzer 5000. Further, Client testified regarding his problem with acid reflux disease, hence the breath sample was contaminated with residual mouth alcohol. The State called the arresting officer and its forensic chemist. Client testified as did the defense forensic chemist.

Verdict:

Not Guilty



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