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 not effectively advise about your case without knowing all the facts. Additionally, my response does not create an attorney-client relationship. You can contact my office to schedule an appointment if you would like to have me represent you.
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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to oneâ€™s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com
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.
<a href="http://lukerioux.com/">My site has more info</a>|<a href="//plus.google.com/102753054318166700395?prsrc=3" rel="publisher" style="text-decoration:none;"> <img src="//ssl.gstatic.com/images/icons/gplus-16.png" alt="Google+" style="border:0;width:16px;height:16px;"/></a>|<br> The answer above is not a complete legal opinion. I have very limited information about your case and I am not your attorney. If you want to discuss your situation in more detail, you can contact me directly.