Maine Drunk Driving Defense Attorneys
Effects Of Maine's 0.05% Legal Blood Alcohol Level For
Drivers With DWI Convictions
Back to Drunk Driving Defense Attorneys
- Leary & DeTroy
State and Federal Courts
- Sharon, Leonard:
from OUIs and drug trafficking charges to domestic disputes, federal firearms violations, racketeering, , white collar crimes, homicides and everything in between
- Lipman & Katz:
Operating Under the Influence (or Driving Under the Influence) is a serious offense in Maine, and can be a very complicated charge to deal with. If you are charged with OUI or DUI you'll have to deal with two difference procedures Ñ one in court and one with the Bureau of Motor Vehicles.
The court can suspend your license and impose other possible sentences, while the BMV can also suspend your license. The standards that apply are different in both: the court is bound by the normal rules of criminal law, so the State must prove your guilt beyond a reasonable doubt.
The BMV, however, can suspend your license based on a much lower standard. However, certain factors that affect how the BMV views your case may change how the court views the case, and vice versa. For that reason, it's important to hire an attorney who can accurately guide you through both procedures.
Defending against a charge of drunk driving is a tricky business. Defenders
need to understand scientific and medical concepts, and must be able to
question tough witnesses, including scientists and police officers. If you want
to fight your drunk driving charge, you're well advised to hire an attorney who
specializes in these types of cases.
- Hartley, Richard:
State Criminal Defense
The vast majority of criminal cases are prosecuted in state courts. Maine has three levels of courts. The District Court system is where class D and E crimes (commonly referred to as misdemeanors) are commonly prosecuted. Trials in the District Court are before a judge. The Superior Court system is where class A, B, and C crimes (commonly referred to as felonies) are prosecuted. Trials in the Superior Court may be before a judge or a jury. Finally, the Law Court is where appeals are heard on issues of law.
Common examples of misdemeanor charges include domestic assault, disorderly conduct, and many theft offenses. A misdemeanor may be transferred to the Superior Court to preserve your right to trial by jury. This decision is time-sensitive and requires careful consideration with your attorney.
Common examples of felony charges include many sex offenses and many drug charges. Other cases, such as OUI or Operating after Revocation (OAR) may be elevated to felony status by a prior history of similar convictions. Felony prosecutions normally originate from a Grand Jury. The Grand Jury hands down indictments which allow the criminal process to begin.
The Criminal Process
The State has nearly complete discretion at the start of a criminal prosecution as to what charges are filed. The filing of a charge, however, is just the start of the criminal process. An accused may then look to an attorney to defend them throughout this process.
- Haley Law Offices:
Criminal / OUI defense
All criminal defendants deserve zealous and effective representation...
- Cuddy & Lanham:
If you, or someone you know, has been charged with a criminal offense,
you will almost certainly need legal representation. We recommend early representation so you can be counseled about:
Successful criminal defense requires knowledge, experience, some
intuition, and a lot of plain, hard work. . . and if you're the person
being accused, you cannot afford second-best representation or have a
lawyer that cannot give you all of these commitments.
Your constitutional rights,
- Understanding of the full nature of the criminal charges placed against you,
- Available legal strategies and defenses,
- The possible and probable penalties that you face if convicted,
- What to expect during all phases of the criminal prosecution,
some cases, what actions you can take to mitigate the penalties, how to
evaluate plea-offers, how to get treatment for substance abuse or
anger-related problems, and
- Frequently, to talk
with an understanding and knowledgeable listener to help you cope with
the "unknowns" and fear and stress of criminal prosecution.
- Wayne Foote:
If you have been charged with operating under the influence, your license
and/or right to operate a motor vehicle may be in jeopardy prior to your first
court date. You should contact an attorney immediately to protect your rights.
Persons accessing this site are encouraged to seek legal advice regarding their individual issues.
- Hoch, Theodore:
34% Criminal Defense
33% DUI / DWI
33% Personal Injury
- Nielsen Group:
Operating under the Influence (OUI) can be known also as DUI (Driving Under the Influence) or DWI (Driving While Intoxicated). Commonly, OUI is referred to as "drunk driving." Driving and drinking can be a dangerous combination, and it can risk the lives of the driver and others. Penalties have been getting harsher for OUI (DWI DUI) a skilled OUI (DWI DUI) defense lawyer can help protect your rights.
- Fosom, Edmond:
Operating Under the Influence
OUI is a crime that involves operating a motor vehicle while under the influence of intoxicants or while having an alcohol level of .08% or more. In states other than Maine, the crime is ordinarily designated DUI or driving under the influence.
In Maine, the term "operate" means to either engage a transmission to direct power to the wheels of a motor vehicle or to attempt to do so.
UNDER THE INFLUENCE
A person is "under the influence" when that person's senses are impaired to some degree by intoxicants. Intoxicants include alcohol, prescription and non-prescription drugs and any other substance that is capable of impairing a person's safe operation of a motor vehicle.
If a person's mental or physical faculties are impaired by a prescription drug, it is not a defense that the source of impairment was prescribed. If it is proven that a person has an alcohol level of .08 or more at the time of operation it is not necessary for the state to prove the person was also under the influence.
- Scott Gardner: If you have been
charged with OUI you do not need a lawyer. You need an OUI lawyer. Defending an
OUI is very different from handling a civil case or defending other criminal
matters. The elements of the offense are extremely technical and require a
detailed knowledge of both the law and science associated with OUI cases. The
lawyer you hire should be spending 90% of his or her time defending OUl cases.
You would not go to a podiatrist for a headache - you should not hire a divorce
lawyer for your OUI defense. OUI Laws
Maine Criminal Defense Attorney - OUI Laws in Maine
Elements of Operating Under the Influence
Title 29-A M.R.S.A. ¤2411:
A person commits OUI if that person:
A: Operates a motor vehicle:
1. While under the influence of intoxicants; or
2. While having a blood alcohol level of 0.08 percent or more.
What constitutes "operation"?
Driving a vehicle that is in motion is not necessary to prove "operation" as defined in OUI law. Although the usual meaning of operation is to manipulate the machinery so that the power of the motor is applied to the wheels (State v. Deschenes, 780 A.2d 285).
What does "under the influence" mean?
A person is under the influence if that person's senses - their physical or mental faculties - are impaired, however slightly, or to any extent by the alcohol that person had to drink. (Maine Jury Instruction Manual)
What is an "intoxicant"?
Intoxicants include alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs. (29-A M.R.S.A. ¤2402 (13)). Marijuana is considered an intoxicant, as well as, all illegal drugs. It is important to note that legal prescription medication can also be an intoxicant if the dosage is sufficient to impair the ability of the person to safely operate a motor vehicle.
What is meant by "a blood-alcohol level of 0.08 percent or more"?
A BAC (blood alcohol content) of 0.08 percent of more of alcohol by weight in the blood is the level of alcohol which is presumed to cause impairment sufficient to affect ones ability to drive. This fact is proven by admitting the results of a chemical test. In Maine the most common way to test for a person's blood alcohol content is by measuring the alcohol in a breath sample with an Intoxilyzer machine. It is very important that Counsel fully understands and explores: (1) explore the limitations of the Intoxilyzer; (2) the facts of your particular test; (3) the operational and maintenance history of the Intoxilyzer used; (4) the training of the operator; and (5) the subjects particular medical characteristics and health status. All of these factors are important in assessing the accuracy of your particular test result.
- Bly, William:
When you've been charged with a crime, you need someone on your side that understands the law, the players and the rules of the game.
- Wood, David: If you have been arrested or charges with a criminal offense, you need an experienced and professional criminal defense lawyer who is knowledgeable about all aspects of criminal law. You need an advocate to be on your side, providing you with the best defense possible, especially if you have been charged with a serious offense.
- Nielsen & Bly:
Operating Under the Influence (OUI)
In Maine, if a Judge or Jury finds you operated a motor vehicle with a blood alcohol content of .08% or more OR you operated a motor vehicle while impaired to the slightest degree, you are guilty of a criminal offense known as Operating Under the Influence (OUI). You can also be charged with OUI if you are operating or attempting to operate your vehicle while under the influence of illegal or prescription drugs.
Following your arrest, based solely on the police report and blood alcohol content (BAC) test results, the Secretary of State will suspend your license unless you request a hearing within ten (10) days of the date of suspension. This suspension usually takes place prior to any court appearance, so while you're waiting for your day in court, you won't be driving.
It is important to understand that the administrative and criminal penalties are like two sides of the same coin. That means you will need to deal with the Secretary of State and BMV who will seek to suspend your driver's license or privileges administratively and the court system that has the power to impose fines, jail sentences and additional suspensions. If you are convicted of an OUI and hold an out of state driver's license, your privileges to drive in the state of Maine will be suspended and Maine will notify your home state which may in turn suspend your actual license.
The State of Maine treats OUI offenders harshly and these are cases not to be taken lightly. If you are convicted of an OUI in Maine, you face some rather stiff penalties. Please keep in mind that these penalties are mandatory minimum penalties. That means they are the minimum penalties provided by statute, none of which may be suspended by the Judge. Misdemeanor OUIs (Class D crimes) can be punished by up to 364 days in jail and a fine of up to $2,000.00. Class C OUIs, which can be charged if you have two prior OUI convictions within a ten year period, carries a maximum prison term of five (5) years and a maximum fine of $5,000.00.
¥ A. For a person having no previous OUI offenses within a 10-year period, which is a Class D crime:
¥ 1. A fine of not less than $500, except that if the person failed to submit to a test, a fine of not less than $600;
¥ 2. A court-ordered suspension of a driver's license for a period of 90 days; and
¥ 3. A period of incarceration as follows:
¥ a. Not less than 48 hours when the person:
¥ i. Was tested as having a blood-alcohol level of 0.15% or more;
¥ ii. Was exceeding the speed limit by 30 miles per hour or more;
¥ iii. Eluded or attempted to elude an officer; or
¥ iv. Was operating with a passenger under 21 years of age; and
¥ b. Not less than 96 hours when the person failed to submit to a test at the request of a law enforcement officer.
¥ B.For a person having one previous OUI offense within a 10-year period, which is a Class D crime:
¥ 1. A fine of not less than $700, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $900;
¥ 2. A period of incarceration of not less than 7 days, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 12 days;
¥ 3. A court-ordered suspension of a driver's license for a period of 18 months; and
¥ 4. In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle.
¥ C.For a person having 2 previous OUI offenses within a 10-year period, which is a Class C crime:
¥ 1. A fine of not less than $1,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $1,400;
¥ 2. A period of incarceration of not less than 30 days, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 40 days;
¥ 3. A court-ordered suspension of a driver's license for a period of 4 years; and
¥ 4. In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle.
¥ D.For a person having 3 or more previous OUI offenses within a 10-year period, which is a Class C crime:
¥ 1. A fine of not less than $2,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $2,500;
¥ 2. A period of incarceration of not less than 6 months, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 6 months and 20 days;
¥ 3. A court-ordered suspension of a driver's license for a period of 6 years; and
¥ 4. In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle.
¥ E.In addition, the court shall order an additional period of license suspension of 275 days for a person sentenced under paragraph A, B, C, D if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age.
Administrative License Suspension
Unless a longer period of suspension is otherwise provided by law and imposed by the court, the Secretary of State shall suspend the license of a person convicted of OUI for the following minimum periods:
¥ A. Ninety days, if the person has one OUI conviction within a 10-year period
¥ B. Eighteen months, if the person has 2 OUI offenses within a 10-year period;
¥ C. Four years, if the person has 3 OUI offenses within a 10-year period;
¥ D. Six years, if the person has 4 or more OUI offenses within a 10-year period.
However, if the Suspension imposed by the Secretary of State is for a Refusal to Submit to a Test, the following penalties apply and any court imposed suspension for a conviction of an OUI offense runs consecutive to the administrative suspension:
¥ A. 275 days for a 1st Refusal;
¥ B. Eighteen (18) months for a 2nd Refusal;
¥ C. Four (4) years for a 3rd Refusal;
¥ D. Six (6) years for a 4th Refusal.
Work Restricted License
If your driving privileges are suspended by the Secretary of State for a first offense OUI, you have the right to apply for a work restricted license. While there is no guarantee that your petition will be approved, if your BAC is below a .17% your chances of receiving the work restricted license is pretty good. However, if you were suspended for an OUI Refusal, having a minor in the vehicle or you have a prior conviction for OUI, you are not eligible for a work restricted license. The petitioner must show by clear and convincing evidence that:
¥ A. As determined by the Secretary of State, a license is necessary to operate a motor vehicle:
¥ 1. Between the residence and a place of employment or in the scope of employment, or both; or
¥ 2. Between the residence and an educational facility attended by the petitioner if the suspension is under section 2472, subsection 3, paragraph B for a first offense;
¥ B.No alternative means of transportation is available; and
¥ C. The petitioner has not, within 10 years, been under suspension for an OUI offense or pursuant to section 2453.
Keep in mind however that if you are ultimately convicted of an OUI, your work restricted license will be revoked and your suspension goes into effect immediately. You will of course receive credit for any suspension time served.
While there are no specially designated courts for OUIs, all OUIs (unless charged as a felony) will be relegated to the District Court for at least the arraignment period. Upon entering a plea of not guilty, you will have twenty-one (21) days to file a jury trial request and/or pre-trial motions. If you fail to file a jury trial request, you will have waived your right to a jury trial and instead, your case will be decided by a single judge at a bench trial. In addition, if you fail to file any pre-trial motions to suppress, you may be waiving an important opportunity to attack the State's evidence and in some cases, get the breath test and other evidence excluded due to a violation of your State & Federal Constitutional rights. Always consult with an OUI attorney with questions concerning violations of your constitutional rights or whether you should file a jury trial request.
The State of Maine uses the Intoxilyzer 5000EN to determine how much alcohol is in your blood by testing a sample of your breath. The Intoxilyzer allows police agencies to use the fastest and least expensive method of testing alcohol quantity in a person's blood. The person submits a breath sample, which in turn is analyzed by the machine to determine your blood alcohol content. The breath sample you provided is converted into a blood alcohol content. At first blush it would appear that a breath sample in excess of .08% is an open and shut case for the State. However, the Intoxilzyer 5000EN is far from perfect and many innocent and sober persons have been wrongly accused and charged with OUI based solely on the breath test result from an Intoxilyzer 5000EN.
The Intoxilyzer 5000EN is nothing more than an unsophisticated computer. The program language which governs the operation of the computer was written by people who set forth basic assumptions to determine how the computer is going to operate. The assumptions are based on "averages", i.e., average people. That means the Intoxilyzer 5000EN doesn't take into account your age, weight, sex, ethnicity or occupation. Believe it or not, your weight, age and gender can play a large part in determining your blood alcohol content (or BAC). Women are at a greater disadvantage than are men because they generally have a higher body fat percentage, and therefore, an in proportionate blood alcohol reading. There are many reasons for why a person may have a high BAC when they provide a breath sample and not all of them are due to the test subject being intoxicated.
- Don Brown: If you
have been arrested for OUI (Operating Under the Influence), seeking
advice of a competent Maine attorney familiar with current case law and
law enforcement practices is invaluable.
Maine law offers strict penalties for OUI violators, which can result
in the loss of income, loss of freedom (jail time), and sometimes loss
- Bowe, Matthew:
OUI/ Driving Offenses
- Boothbey, Albert:
There is no substitute for experience.
- Elliott & MacLean:
Divorce and Family Matters
- Kelley & Leger:
- Douglass, Paul:
Personal Injury ¥ Criminal Law
¥ Automobile/Motorcycle Accidents ¥ Construction Law
¥ Slip and Fall Accidents ¥ Contract Law
¥ Wrongful Death ¥ Wills and Probate
¥ Products Liability ¥ Corporate Law
¥ Insurance Claims ¥ Landlord/Tenant
¥ Trespass/Real Estate ¥ Employment Disputes
- Hess Law Firm:
OUI - Operating under the influence can be a misdemeanor or a felony charge, depending on whether there are previous OUI convictions and other factors. This charge is not limited to alcohol, but can include other intoxicants, like prescription or illegal drugs and other chemicals.
- Fales & Fales:
What if I am suspended by both the Bureau of Motor Vehicles and the court? If
the suspension by the Bureau of Motor Vehicles (BMV) is for driving with an
excessive blood-alcohol level (.08% or higher), the court ordered suspension
will be retroactive to the date of the BMV suspension. This is not true if the
BMV suspension results from a refusal to take and complete a test to determine
a driver's blood-alcohol level. In that event, the court ordered suspension is
consecutive to the BMV suspension.
- Old Orchard Beach
- Weinstein, Neal:
About Criminal Law in Maine
In the state of Maine, all crimes fall into one of five classes: Class A, Class B, Class C, Class D and Class E. The first three classes are felonies, while the last two are misdemeanors. Felonies are generally considered more serious than misdemeanors, but any of these crimes can carry significant penalties.
Typical punishments for these crimes are as follows:
Class A Ð A fine of up to $50,000 and up to 30 years in prison.
Class B Ð A fine of up to $20,000 and up to 10 years in prison.
Class C Ð A fine of up to $5,000 and up to 5 years in prison.
Class D Ð A fine of up to $2,000 and up to 1 year in county jail.
Class E Ð A fine of up to $1,000 and up to six months in county jail.
- Strike, Goodwin & O'Brien:
OUI/DWI-Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on OUI/DWI charges will result in fines and possibly land you in jail. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney can make all the difference in such a difficult case.
- Norman, Hanson, Detroy:
defending those accused of crimes and assisting clients who find themselves in unexpected and challenging situations
- Rioux, Luke:
DUI or OUI in Maine is rarely a "whodunit." Issues like alternative suspects, DNA testing, fingerprints and alibis rarely apply. Because of this, some think that there's no point in hiring a DUI attorney. But in the real world, most criminal cases are not about who did it, or even what happened, instead the question is "can the prosecutor prove it?"
The prosecution must prove criminal charges beyond all reasonable doubt and drunk driving cases are no different. Small issues with key evidence can create that doubt and a Not Guilty verdict. Because of the complexity of the law, the constitutional rights of the accused and the strange science behind alcohol testing, Maine OUI charges create a lot of issues that help can help the defense.
- Portland Legal Center:
Your freedom is important to you. If you are convicted of a crime, your freedom can be severely limited. The obvious way in which your freedom is limited is jail. Many offenses have minimum mandatory sentences. Time in jail can affect your job, income and family. You may lose or job or social security benefits. You may have your freedom restricted by probation. Probation restrictions can restrict your freedom as to who you may associate with, where you may go and where you may live. You can have restrictions as to the possession or consumption of alcohol. You may be required to get counseling. You may be subject to random searches and testing without the need for probable cause. And, of course, if you violate any of these restrictions you may me going back to jail.
Convictions can have many other consequences that can affect your life. If you are convicted of a felony or a domestic violence offense you will be prohibited from owning firearms. If you are not a United States citizen conviction of many offenses can result in deportation. If you are a U.S. citizen it can interfere with foreign travel. Even an offense such as an OUI will bar you from entering Canada for a period of time. Convicted felons can not vote in many states, although they can vote in Maine. Under Homeland Security provisions many crimes can affect your ability to hold a commercial driver's license, even ones having nothing to do with operating a motor vehicle. You may not be able to get a Transportation Workers' Identification Card also known as a TWIC card.
A criminal conviction can affect your career. Employers will consider it when evaluating your qualifications. Certain convictions will bar you from holding some professional licenses.
Because of the great many negative consequences of a criminal conviction it is important that you retain an attorney. Criminal law is not a "do it yourself" business.The District Attorneys love it when people walk in and plead guilty at arraignment. It means that they do not have to deal with the problems your case might have. One thing that you will never see is an attorney that is charged with a crime, no matter how minor, who is not represented by counsel.
It is very important to hire a lawyer sooner that later. The best time is immediately after you have been summoned or arrested. You may lose rights and defenses if you delay.
- Maselli, William:
OUI or Domestic Assault; or Sex, Drugs, or Firearms allegations; or Fraud and other Financial crimes
- Brunnel, Roger:
A drunk-driving arrest or a OUI charge can result in serious penalties upon conviction, including loss of license, significant fines and jail time.
- LeBrasseur, Rick:
practice is limited to criminal defense and the protection of rights
- West End Legal:
- Robinson, Kriger & McCallum:
* Drunk driving/OUI/DUI
* Traffic violations
* Speeding tickets
* Fraud and white-collar crime charges
* Drug charges
* Juvenile charges
* Theft, shoplifting, and other property crimes
* Assault, domestic violence, and other violent crimes
* Probation violations
* And others
- Cyr, Peter:
Criminal Matters: Murder; Drug Trafficking; OUI/DWI/DUI; OAS, and all other Motor Vehicle Offenses; Domestic Violence Assault; Simple Assault; Fraud; Internet Offenses.
Family Law: Divorce; Parental Rights and Responsibilities; Child Custody Issues; Child Support Issues; Protection From Abuse.
Civil Matters: Car Accidentes; All Personal Injury Cases; Wrongful Death; Permanent Disability.
- Zerillo Law:
* Personal Injury
* Car Accidents
* Truck Accidents
* Boating Accidents
* Criminal Defense
* Drug Crimes
* Domestic Violence
* Sex Crimes
* Family Law
- Hewes, James:
Criminal charges, depending on their severity, can carry heavy penalties or have serious consequences, which is why you need to secure a lawyer as soon as you can.
- Hallet, Zerillo and Whipple:
Facing drunk driving charges in Maine could cause life-altering consequences. Expensive fines and possible jail time are only a few of the many penalties you could face. Having a good defense team, that understands the legal process and has the experience to fight your case is the essential in minimizing the consequences of operating under the influence.
Some of the questions we get asked:
* Will I lose my license?
* Do I need a lawyer?
* I failed the field sobriety test, now what?
* This is my second offense, can you help me?
* I only had a couple drinks.
* I think my rights were violated.
- Marchese & Associates:
If you have been charged with operating under the influence (O.U.I.) then you may already have suffered enough embarrassment and indignity
- Schwartz & Schwartz:
You should consult an attorney for individual advice regarding your own situation.
- Strike, Goodwin & O'Brien: The crime of drunk driving is
generally defined in two ways: (1) having a blood alcohol content above
the limit set by law, or (2) driving under the influence of alcohol. To
find a person guilty under the first definition, a jury (or judge) must
be convinced beyond a reasonable doubt that the person's blood alcohol
content (BAC) exceeded a certain amount. In most states the legal limit
is .08 percent. Therefore, if it is proved that the person's BAC at the
time of the incident was .08 percent or greater, he or she can be
convicted of drunk driving, regardless of how much alcohol was actually
consumed. As a practical matter, one drink would almost certainly not
lead to a BAC of .08 percent or greater; generally, a person needs to
have five drinks in an hour to develop a BAC of .08 percent. However,
if there was something unique about the person or the drink, or other
circumstance, one drink could raise the BAC above the legal limit. In
contrast, the second definition does not refer to any particular BAC.
It focuses on the driving behavior of the person; if it is impaired by
the person's consumption of alcohol, he or she can be found guilty of
drunk driving. Instead of presenting evidence of the BAC to a jury, the
prosecution seeking a conviction under this definition generally
presents testimony about the person's driving and consumption of
alcohol. A police officer will often describe the impaired driving that
lead him to pull the person over and the person's ability (or lack
thereof) to perform field sobriety tests, such as walking a straight
line. Evidence is also usually presented concerning the person's
consumption of alcohol and if the jury then concludes that the
prosecution has met its burden of proof, it will convict the person of
drunk driving. A susceptible person may exhibit impaired driving after
one drink and therefore be convicted of drunk driving.
- Greco & Marchese:
If you have been charged with operating under the influence (O.U.I.) then you
may already have suffered enough embarrassment and indignity. To the extent we
are able, we will minimize any future embarrassment and indignity, while
pursuing a reasonable resolution of both the criminal charges and the
Department of Motor Vehicles license suspension proceedings.
- Levenson, Vickerson & Beneman: A
driver has no obligation to agree to take a Field Sobriety Test. BUT this
should NOT be confused with toxicity tests such as breathalyzers or blood
alcohol tests. A driver CANNOT refuse these tests without acing serious
consequences. See below.
- Rubin, Robert:
General Civil Litigation
Land Use and Property Disputes
General Criminal Litigation
Felony trial experience
Misdemeanor trial experience
Formation and Administration of Business Organizations
Purchase and Sale Transactions
- Carey, Seth:
Out-of-State DUI - What happens when you get a DUI on vacation?
Many people know what can happen if they get a DUI in the state where they live. A tougher question for most people is what happens to their license at home when they get a DUI in another state.
You live in State A and you are on vacation in State B. You are driving to your hotel from the restaurant and you had a couple of drinks with dinner. You don't know the area very well so you are driving slowly, trying to find the hotel. A police officer stops you. He smells the drinks on your breath. He has you doing roadside gymnastics. Before you know it you have been arrested, taken a breath or blood test, and been charged with DUI. You bail out of jail and fly home. What is going to happen? What should you do about it?
In almost every state a DUI arrest triggers two separate series of events. The first series of events is the administrative license suspension process through the State B Department of Motor Vehicles and, possibly, your state. The second is the prosecution for DUI through State B's courts. How you handle these things can have a serious effect on your future.
- Webb, John Scott:
- Boulos Law Firm:
Under Maine law, the crime of Operating under the Influence (OUI) is defined as
"operating a motor vehicle... while under the influence of intoxicants...or
while having a blood-alcohol level of .08% or more."
- Nichols, Webb & Loranger:
Field sobriety tests must be done (in order to be admissible) on a voluntary
basis. The police officer is not allowed to force you to do them. Keep in mind
that statements that you make as reasons for not voluntarily participating in
field sobriety tests may be admissible at trial. Statements like "I couldn't do
that even if I was sober" may prove to be as, if not more, harmful than failing
the tests. If you do not wish to attempt the tests, you may simply decline the
police officer's request that you voluntarily participate.
- McCullough & Capponi:
... public disputes are primarily criminal cases, such as OUI, DUI, or
DWI, domestic violence, and sex abuse charges. In these cases, the
State of Maine is the Plaintiff, and the accused client is the
Defendant. Related cases are motor vehicle license suspensions,
restraining orders, and "child protection" cases brought by the Maine
Department of Human Services.
- South Portland
- Ainsworth, Thelin & Raftice:
In Maine, OUI stands for Operating Under the Influence of alcohol or
drugs (commonly referred to elsewhere as DWI). OUI is not limited to
the operation of an automobile, as it can apply to other motorized
transportation, such as boats and snowmobiles.
- Schofield, Gerald:
Criminal Defense, Traffic Defense, OUI Defense, and Wills
- Russell Goldsmtih:
If you are facing criminal charges, it is important that you are aware of your legal rights.