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Admitted Drinking OUI Case

State v. D.L.

Blood / Alcohol Content (BAC):



Bleeding Gums, Residual Mouth Alcohol, Periodontal Disease

Defense Attorney:

Matthew B. Nichols


Operating Under the Influence (OUI, DUI, DWI)

Maximum Sentence:

364 days in jail (minimum sanctions = 90 day license suspension and $400.00 fine, 48 hours in jail)


Client was stopped for erratic operation and “hooting” in the Old Port. According to 20-year veteran arresting Sergeant: client failed all field sobriety tests badly, admitted to driving drunk and kept changing his drink history.

Client and his dentist testified regarding his bleeding gums (mouth alcohol contamination) due to third stage chronic periodontal disease. The defense also called Dr. Carolyn Howard to testify regarding the Intoxilyzer results, which were consistent with mouth alcohol contamination.


Hung Jury.Operating Under the Influence (OUI, DUI, DWI) dismissed.

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