STATE v. B.H.
Charge: OUI .17%
Mandatory Minimum Penalty: 48 hours in jail, $500.00 fine and a 150 day loss of driving privileges.
Maximum Penalty: 364 days in jail, a $2,000.00 fine and a 150 day loss of driving privileges.
Summary: Our client was stopped for erratic driving, failed the Field Sobriety Tests and blew a 0.17% on the Intoxilyzer 8000 test. After a thorough investigation of the facts offered by both sides, confirmation of the officer's training and certifications, and study of the Intoxilyzer 8000 operating tolerances we found a potential problem with the veracity of the results.
Result: We negotiated a deferred disposition and when our client successfully completes the conditions the OUI charge will be dismissed and replaced with a charge of Driving to Endanger. No jail time and a 30-day loss of driving privileges will be assessed.