Attorney Aprodu was able to secure a rare “NOT GUILTY” jury verdict in an OUI case where the breath test result was over the legal limit and admitted as evidence against the defendant at trial.
Understanding the Theories of OUI Prosecution
In OUI Liquor cases the prosecution can prove its case under one or both of these theories:
- Driving while impaired by the effect of alcohol; and/or
- Driving while having a blood alcohol result above the legal limit.
Overcoming Both Theories: Attorney Aprodu’s Defense Strategy
In this case, the prosecution proceeded under both theories. Attorney Aprodu was able to obtain a “not guilty” as to both theories and the client was released from all obligations and, more importantly, did not lose their driver’s license. The client not only kept their license but avoided having to pay reinstatement fees or fees for any impaired driving tests usually imposed as part of a guilty verdict.
Rare Success: “Not Guilty” with Breath Test Evidence Over the Legal Limit
While it is rare and not a usual result to be able to obtain a “NOT GUILTY” when a breath test is admitted and is over the legal limit, it is not impossible. An experienced attorney will be able to challenge all other elements of the OUI, namely operation and public way. The key is to convince jurors of a fact that the prosecution always ignores: that the client was not driving or was not driving on a public way. These situations occur when clients are parked in private parking lots or when they are found in a car but not observed driving.
The Importance of Challenging All Elements of an OUI Case
As an experienced attorney, Adela Aprodu carefully considers all aspects of an OUI case, including the possibility of success, even if a breath test indicates a blood alcohol concentration above the legal limit. Obviously, once that issue is identified, she will have to use her experience, oratory skills, and storytelling skills to present the positive facts in a way so the jury understands that the prosecution must prove more than one element.
Critical Factors in Breath Test Cases
Also, in breath test cases where the breath test is over the limit and admitted into evidence, it is important to tell the jury that the law requires the breath test to be over the limit AT THE TIME of operation and not hours after. That is a common issue missed, especially when the defendant is not seen driving and the police poorly investigate the case, or where the prosecution does not obtain an expert in retrograde extrapolation.
Why Experience and Expertise Matter in OUI Defense
This was a great win for the client, but it is a rare one and requires specific facts. Call us so we can evaluate your case. Criminal consultations are also always free!
