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

by John on January 6, 2016

Blood / Alcohol Content (BAC):



Lack of Credibility of Police and Improper Administration of Field Sobriety Tests

Defense Attorney:

John Scott Webb


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)


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.


Not Guilty

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Disclaimer: This article is intended to provide general, not specific, information about Maine law. The publication of this article does not constitute an attorney-client relationship between the author(s) and the reader(s).

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