Maine State Bar
Justia Lawyer Rating
National College for DUI Defense
National College for DUI Defense
National Association of Criminal Defense Lawyers
Martindale-Hubbell
Avvo
MTLA
AV

State of Maine v. W.G.: Refused Breathalyzer Test

by John on January 6, 2016

Blood / Alcohol Content (BAC): Refusal
Defense: Lack of Credibility of Police and Improper Administration of Field Sobriety Tests
Defense Attorney: John Scott Webb
Offense: Second Offense OUI (refusal), Class D
Maximum Sentence: 364 days in jail (minimum 12 days in jail, 18 month license suspension consecutive to any administrative suspension and a $800 fine)

Synopsis:

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.

Verdict:

Not Guilty

Client Reviews
★★★★★
"Without a doubt one of the best legal teams in Maine. If you have an issue that needs legal assistance give them a call. They will listen, they will guide you and they will explain the legal aspects of your situation and if and how they can help you. You won't be disappointed." Lou C.
★★★★★
"I hired John twice to help with two different legal situations. He was outstanding in every regard for both cases. For one of the cases, we were led to believe it was hopeless, until we met John Webb. John much to my surprise took the case, and gave us hope. I know for a fact he worked over and beyond what he charged us for, and landed a very favorable result. You cannot get a more honest, hard working, knowledgeable, skilled lawyer than John Webb." Maureen
★★★★★
"Katherine was introduced to us as a part of our son’s defense team. The knowledge, defense planning, empathy and skills she provided during trial were invaluable. We appreciated her kindness to us more then she will ever know. Excellent Defense Attorney! Thank You" Stacy