Blood / Alcohol Content (BAC):
Lack of Credibility of Police and Improper Administration of Field Sobriety Tests
John Scott Webb
Second Offense OUI (refusal), Class D
364 days in jail (minimum 12 days in jail, 18 month license suspension consecutive to any administrative suspension and a $800 fine)
Client was arrested by local law enforcement officer for OUI and refused to take a test. Client was on way to working night shift and was stopped for excessive speed and erratic operation after being followed by the officer for over one mile. Officer had Client perform field sobriety tests (including the “walk & turn”, “one leg stand” and “finger to nose”) near entrance to the industrial area. Client failed all tests and was arrested.
He was subsequently taken to the station and offered a breathalyzer test. Client determined that he had already given the officer “too much” evidence. He then refused to take a test and became extremely uncooperative. Defense counsel into question the details of the operation of the vehicle, fairness and reliability of the field sobriety tests and police procedures.