.33 OUI Dismissed

Tyler Smith recently obtained a dismissal of an operating under the influence (OUI) charge with a .33 breath test.

Our client was stopped for speeding. The officer asked the client to exit the vehicle and administered field sobriety tests. The officer’s report stated that client did not pass any of the field sobriety tests. The client was then taken to the police station for a breath test. The breath test showed that the client’s BAC was .33–more than four times the legal limit. As a result of the breath test, the client was charged with OUI and the Maine Bureau of Motor Vehicles suspended the client’s license for 150-days.

After being retained to represent the client, we requested the police station’s surveillance videos. From those videos, we identified that the arresting officer failed to properly conduct a 15-minute observation period before administering the breath test. The 15-minute observation period is important to ensure that a breath test is not contaminated by residual mouth alcohol or other factors. We then requested an administrative hearing on the client’s license suspension. The Hearings Examiner agreed with our argument and rescinded the 150-day license suspension. Based on the irregularities with the breath test, we were then able to negotiate a dismissal of the OUI charge, with a plea to a lesser, non-OUI offense.

Tyler J. Smith

Tyler Smith joined Libby O’Brien Kingsley & Champion as an associate in 2012 and became a partner in 2018. He maintains a general litigation practice, with experience in criminal defense, employment law, appellate advocacy, defamation/slander, civil rights, undue influence, and other civil disputes. He is also experienced in representing professionals before professional licensing boards. In… Read more »