Maine law requires all drivers to submit to a breath test if arrested for an OUI. If you fail to submit to a breath test, the penalties for refusal are severe and include jail time and lengthy suspensions.
Do the police have to read me my Miranda rights once they arrest me?
According to established United States Supreme Court case law, your Miranda rights only have to be read once you are in custody and the police decide to question you about the crime. There are many factors that go into determining if your constitutional rights have been violated and therefore, you should consult with an attorney.
Do I need really need to hire an attorney?
Yes. If you refused to submit to a breath test, had a high BAC or you have prior convictions for OUI in the past ten years, you’re looking at a lengthy suspensions in addition to a jail sentence. If this is a first offense OUI, you still face a minimum license suspension of 90 days as well as fines and a criminal record. The collateral consequences to your personal and professional life cannot be underestimated either. An OUI conviction can cost you a promotion, your job, stress on your family and feelings of shame and embarrassment associated with a criminal conviction.
Should I wait until after my arraignment to speak with an attorney?
No. In many instances, your arraignment date will be after your BMV suspension hearing. By the time you consult with an attorney, you may have already lost your license as a result of an administrative suspension. In addition, if video evidence of your arrest exists and you wait too long to contact an attorney, that evidence could be subsequently destroyed per departmental policy. Get an experienced OUI attorney involved immediately to ensure that evidence is preserved and your rights are protected.
I received a notice of license suspension from the Secretary of State. What should I do?
If you haven’t retained an attorney yet, do so immediately. You only have ten days to appeal the suspension of your license or you waive your right to a hearing. In addition, if you are an out of state driver and Maine suspends your right to operate a motor vehicle, your home state may honor the suspension and suspend your driver’s license.
The breath test read above a .08% BAC, aren”t I guilty?
There can be many reasons for a breath test above a .08% BAC. Perhaps there was a problem with the machine perhaps the test was administered incorrectly perhaps the officer wasn’t properly certified to administer a breath test perhaps there is a medical reason for the elevated breath test result. There is no way to know until your attorney gets involved the case whether or not the breath test can be debunked or suppressed. However, there are many reasons for an elevated breath test and many reasons for why it may be incorrect.
Shouldn’t I just plead guilty instead of paying an attorney?
The problem with pleading guilty is that you will be found guilty. Once you plead guilty, you can’t withdraw your plea. If I had a nickel for every client who pled guilty and then came to see me for help, I’d be a rich man. Don’t make that mistake.
What is a Driving to Endanger charge and can I get one in my OUI case?
There are a lot of myths out there when it comes to OUI defense, one of them is your attorney can “talk to the DA” and get you a drop down to a Driving to Endanger charge. Nothing could be further from the truth. In order to get your charges “dropped down” to a lesser charge, your attorney has to earn it. That usually means finding a problem with the case that causes the prosecutor to question his ability to prevail at trial or hearing. A Driving to Endanger charge is a lesser charge and includes a 30-day suspension of driving privileges instead of the 90 or more for OUI.
Do I have to submit to field sobriety tests?
NO! You are not required by law to submit to field sobriety tests. If you perform field sobriety tests at the request of law enforcement, you are merely giving them ammunition to build a stronger case against you. You should always refuse to submit to field sobriety tests and always refuse to answer any questions without a lawyer present.
How much will it cost to hire a lawyer?
Well, that depends on many factors including the experience of your lawyer, the complexity of the defense, the need to bring an expert witness onto the defense team and the number of prior convictions you have on your record. A dump truck lawyer may charge $1,000.00 or less to take your case and ultimately, plead you guilty. The best thing to do is discuss your case with a qualified OUI defense attorney and he or she should quote you a fee at the end of the consultation.
What should I tell the police officer when he pulls me over and asks if I’ve been drinking?
Let me say this one time and one time only keep your mouth shut. You can only hurt your case if you answer the officer’s questions. Let me say this again you can only hurt your case by answering the officer’s questions. We’re all conditioned at an early age to be polite and cooperative when dealing with police officers. Therefore, most people feel compelled to answer a question when posed by a police officer. Resist that urge. Be polite and tell the officer “I will not answer any questions without an attorney present”. Then say nothing else. That’s it. If the officer arrests you, be cooperative. Do not resist the arrest. Then, call a qualified OUI defense attorney immediately upon release from police custody to setup an appointment to meet and discuss your case.
Attorney Bly's Professional Associations
Case Results
Offense: OUI Maximum Sentence: 364 days jail, $2,000.00 fine Mandatory Minimum Sentence: 2 days jail, 90 day loss of license, $500.00 fine Result: Not Guilty verdict.
...As a result of his determined, aggressive, honest, experienced approach to my case (both in preparation for trial and in courtroom proceedings), I received a favorable outcome without even having to go to trial. Attorney Bly has an ease in navigating complex fact patterns that give the impression that what he does is easy; I know that I am lucky to have had the good fortune of having such a passionate, intelligent, ethical and driven advocate that ensured a successful outcome. I cannot thank him enough. I trust his judgment, I trust his ethics, and I highly recommend him.
