Advantageous OUI/DUI plea bargain
8/17/2009
Case Type: OUI/DUI
Background:
-South Paris, Maine
Client was charged with a 1st Offense OUI. After being stopped for speeding the officer suspected he was drinking because he smelled stale alcohol in the vehicle, saw a cooler of beer and the client was "terse" and "flush" in the face. The officer removed the client from the vehicle and demanded he perform field sobriety tests. Upon completion of the tests the client was arrested and brought to the local PD for a test. He blew a .18% BAC.
The bad news is yet to come. The State filed a motion to amend the case to allege a second offense OUI because of a qualifying out-of-state conviction. A conviction now would destroy the client’s career and result in a 3 year driver's license suspension in Maine and the home state.
Result:
Ultimately, Attorney Whipple was able to argue to the DA’s office that the officer did not have the requisite reasonable articulable suspicion to demand field sobriety tests. The stale beer odor was not specifically associated to the client. The terse and flushed appearance was a result of an anxiety attack, not impairment. Ultimately, the OUI was dismissed and the client pled to a Driving to Endanger. This was huge for the client as he will not face an OUI suspension in his home state and it is likely the DTE will not be reported.
