Can I get out of an OUI charge?

Asked almost 2 years ago - Bangor, ME

Facing an oui charge. Blew a .09 after the officer failed to administer the test two different times. At one point he left the room for about 1 minute to get help from another officer. Once he returned he was able to get an actual reading. I've read that the a breathalyzer must be turned on and warmed up before the testing can occur and that was not the case. I've also read that the officer must monitor the person being tested 20 minutes before administering the test. Again, the officer left the room leaving me alone with a friend, just before getting the reading they wanted. Is there anyway I can get the charge reduced to something like wreckless driving or possibly get the charge lifted all together? Thanks for the help!!

Attorney answers (3)

  1. Robert C. LeBrasseur

    Contributor Level 14

    3

    Lawyers agree

    Answered . Anything is possible if you are willing to proceed to trial. There are certain protocols that must be followed when an intoxilyzer is used. You need to consult with an experienced OUI attorney as soon as possible.

    My response to your question is a generic response and should not be construed as controlling to your case. I can... more
  2. Luke S Rioux

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Attorney LeBrasseur is right. Anything is possible and some of the issues you mention could help your case. Visit my site linked below for information about Maine OUI charges and possible defenses.

    My site has more info|more
  3. Alexander M. Ivakhnenko

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The most subtle legal nuances of your affirmative defense have to come at trial for the trier of fact only after your retained or appointed counsel carefully reviews the case and concentrates on its weak stress points. Without fully reviewing the evidence no one could assure you whether you may prevail on the case.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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