My question involves criminal law for the state of: Maine
I am a first time offender, 23 years old, and just graduated with a Bachelor in Science in Criminal Justice. I was arrested for OUI on 07.02.11 by an undercover police officer in Old Orchard Beach. After leaving a package store purchasing a 24 case of beer, I was pulled over 500 yards down the road for appearing to be too young to purchase alcohol and a seatbelt violation. I had 7 passengers in a 5 passenger car, two of which were under 21(an aggravating factor in Maine). I was asked to step out of the car, at which point the officer immediately started the field sobriety test, with no option to decline, and failed 2 of 3 tests(not sure if he needs permission to begin). He began with the pen test, and started way out of my peripheral vision range. He erratically moved the pen side to side, fast and sometimes out of range of sight. I am sure this is one that I failed. Then, the step test, which the passenger witnesses and I all believe I passes, FLAWLESS. At this point they all stopped watching because they were certain he was going to let me go. Finally, the one foot SIX inches off the ground. At about 18 one thousand I remembered that I was supposed to be SIX inches, not THREE like I had started, so I moved it another three inches off the ground, and I believe this is why I failed the test because my foot never touched the ground, despite some nervous shaking of the leg. He placed me under arrest stating, "Unfortunately, I believe you have had too much to drink and operate a vehicle."
Upon reaching the station, the transporting officer allowed me to make a phone call, at which point I contacted one of many family/friend police officers who advised me to refuse the breathalyzer as I knew I was borderline .08 and knowing that the test can be inaccurate(refusing is another aggravating offense(#2).
Question # 1- What are my chances against a Jury Trial.
#2- Probable Cause? Im guessing his reasonable suspicion is the fact that I look under 21, despite being 5'11 195 pounds. Probable Cause is then the field sobriety test.
#3- Why didn't he just ask me for my license when I left the package store.
#4- If I was that drunk, officer, why did you let me walk home from the station? Despite the fact that my friends bailed me out, he knew they were the same friends that all stated they could not operate the vehicle after arrest.
Looking for any legal advice, thank you very much for any time you spend, it means a lot to get as much advice as possible. It was a bullshit arrest, he knew I was not drunk, and should have concluded that I was fine to drive.