Sample Drunk Driving Cases Handled by
Matthew B. Nichols
Case 2
State v. D.C.
Superior Court
Kennebec County
Augusta, Maine
Jury Trial
June 1, 1998
(OUI)
Client had a prior drunk driving conviction;
accordingly he was facing 7 to 364 days in jail and an 18
month license suspension in addition to fines ranging from
$500 to $2,000. Client was a self-employed long haul trucker
and, if convicted, would lose his rig and his business.
Client was stopped for a motor vehicle defect,
"failed" the field sobriety tests and blew a .14%
BAC on the Intoxilyzer 5000. Client admitted drinking four
or five beers. After a 1 ½ day jury trial, client
was acquitted after about ½ hour of deliberations.
The defense called Dr. Carolyn Howard as
an expert to, among other things, show that client’s
true blood alcohol level was only about .02% and to educate
the jury regarding the "lack of specificity" in
Intoxilyzer testing (including the potential for error due
to the presence of "interfering substances").
Client also testified regarding his exposure to a number
of such substances.
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