Unreliable OUI Test

Unreliable OUI Test

State v. J.H.


Blood / Alcohol Content (BAC):

.09%

Defense:

Improper Administration of Intoxilyzer

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:

If convicted, client faced loss of two professional licenses. Client was stopped for speeding, smelled of intoxicants, but denied drinking. He did well on field sobriety tests but blew a test result over the legal limit.

Client rejected a plea offer of driving to endanger and was acquitted based, in part, on the failure of the police to properly administer his breath test. The defense called Dr. Carolyn Howard AND the state’s chemist to verify the unreliability of the test result.

Verdict:

Not Guilty



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