Sample Drunk Driving Cases Handled by
Matthew B. Nichols

OUI Case 18

State v. R.W.

Defense Attorney: Matthew B. Nichols

Offense: Operating Under the Influence (OUI, DUI, DWI)

Maximum Sentence: 364 days in jail (minimum 7 days in jail due to prior conviction, 18 month license suspension, $600 fine)

Synopsis:

Client was stopped for speeding and erratic operation in Bath, Maine. According to the arresting officer, client failed all field sobriety tests and was subsequently arrest and charged with Operating Under the Influence (OUI, DUI, DWI). Client had a prior conviction and provided an intoxilyzer sample corresponding to a blood alcohol level of .16%. Client prevailed at the administrative hearing and was later found Not Guilty in the criminal case of Operating Under the Influence.

The defense convinced the jury that the client’s poor performance on field sobriety tests was due to nervousness and other environmental factors, not by the consumption of alcohol. In addition to the arresting officer, the State also presented testimony from their chief chemist. Client also testified on his own behalf regarding his drink history and exposure to potentially interfering chemicals. The defense also presented evidence from their own forensic chemist who indicated that client’s true blood alcohol was substantially below .08%. The defense expert also testified, based upon client’s previous testimony regarding exposure to interfering chemicals, that the difference between client’s true blood alcohol level and the purported value was due to the presence of interfering chemicals to which client had been exposed earlier in the day.

Verdict: Not Guilty