Maine OUI Laws Part 2
Over and above laws that govern first and following offenses within ten years, there are rules that govern OUI (operating under the influence of drugs/alcohol) in Maine. It is vital to find knowledgeable legal counsel as early as possible in the case, so you do not sacrifice rights or lose your chance for an effective defense. An attorney experienced with Maine OUI laws is a priceless addition to the case, and can help you keep hold of as much freedom as possible in your situation.
Most of us recognize one particular form of sobriety test above the others, a breathalyzer test, where police officers and other law enforcement officials ask people suspected of OUI to blow forcefully into a machine. This state is an Implied Consent state, meaning that if you drive a vehicle in Maine, you are implying that, if you are pulled over for suspicion of OUI, you will consent to a blood, urine, or breathalyzer test. Refusal can make things extremely hard for you, especially when you go to court, and can make a judge order harsher penalties than if you had failed the test.
Maine has distinctive laws that control what penalties exist for individuals who refuse to submit to a sobriety test. Non-compliance with the Implied Consent law is considered an aggravating circumstance, meaning that it causes additional penalties, on top of the state minimum for the crime, which is also often increased. These can be harder to deal with if you ever appear in court again, and do more damage to your record overall.
In this state, much like the rest of the United States, there are specific types of evidence that have a big impact on an OUI case. One of the most important is blood alcohol content (BAC), and this is determined by a simple blood draw or breathalyzer test administered by law enforcement officers. Depending on your age and what type of vehicle you are arrested while operating, the legal limit is somewhat different for certain drivers.
For example: If you are driving a commercial motor vehicle, the legal limit is .04%, whereas a personal vehicle has a .08% legal limit. Drivers under the legal drinking age have a limit of nil, since legally they are not allowed to drink anyway. Factors such as these make a big impact on the punishment issued for an OUI when it comes to the sentencing phase in court.
These are very harsh laws, and the penalties can be very unforgiving, so it is vital to have someone on your side fighting for the most favorable outcome. The legal system can be very complicated and hard to understand, even for people who have faced the court system already. A knowledgeable attorney will labor to get the most positive ending, and will recognize what evidence can be questioned, as well as knowing legal procedures and handling filing things in the right order, place, and time.
