STATE v. M.M.
Charges: OUI Refusal
Mandatory Minimum Penalty: 4 days jail; $600 fine; 14 months loss of license
Maximum Penalty: 364 days jail; $2,000.00 fine; 14 months loss of license
Summary: Client, a police officer from another state, was visiting Maine with his fiancé. He admittedly had a few drinks before going out on the town to find a restaurant that evening. Client got lost as he was unfamiliar with the area and was stopped for allegedly weaving within his lane and speeding. Client was administered field sobriety tests and was ultimately arrested on suspicion of OUI. Client refused to take the breath test back at the station.
Result: DA dismissed the OUI Refusal immediately prior to our hearing on a motion to suppress and client pled guilty to Driving to Endanger. We had good facts and good issues for suppression and were confident that even if we failed to prevail at the hearing, we could secure an acquittal at trial. However, client was concerned about the possibility of an OUI conviction as that would likely result in a lengthy suspension from his police department.