STATE v. B.K.
Mandatory Minimum Penalty: 4 days jail; 14 months loss of license (includes 275 day BMV suspension); $600.00 fine
Maximum Penalty: 4 days jail; 5 months loss of license, consecutive to the BMV suspension; $2,000.00 fine
Summary: Client is a CDL holder who was pulled over for an apparent tail light out. Officer ultimately initiated an OUI investigation and the client performed poorly on SFSTs. Client was arrested for OUI and brought to the station for a breath test. Client refused to submit and was charged accordingly.
Result: DA agreed to dismiss the OUI Refusal charge and in return for a plea to Driving to Endanger. The result came about through a protracted negotiation with the DA who took the client's CDL license (and future) into consideration. Penalty imposed for the DTE was a fine of $575.00 and a 30 day loss of license.