OUI – .18 Breath Test – Not Guilty

Our client was stopped at 1:15am after committing marked lanes violations. The officer reported her having an odor of alcohol, bloodshot and glassy eyes and slurred speech. He asked her to step from the vehicle perform field sobriety tests which he stated she failed. The officer then placed her under arrest for OUI and transferred her to the station where she consented to a breath test. She registered a .18 BAC which is over double the legal limit. A careful examination of the evidence determined that a contaminating event occurred before the breath test and we made a motion to suppress the breath test results. The judge agreed with us and suppressed the breathalyzer and our client was later found NOT GUILTY after trial.

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