Sample Drunk Driving Cases Handled by
Matthew B. Nichols
Case 8:
State v. D.C.
Offense: Operating Under the Influence
Maximum Sentence: 364 days in jail (minimum
7 days in jail, 18 month license suspension, $500 fine)
Synopsis: 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.
Verdict: Not guilty
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