Archive for the ‘drunk driving’ category

Defining A DUI Part II: Maine

September 7th, 2010

Learning about your driving under the influence of drugs or alcohol charge can be a lot of work, especially if you are a first time offender. There is so much information available, but you cannot trust everything that you read on the subject. After all, everyone has an opinion about what you should, could, or might be able to do, but every situation is different. What works well for one case may be a disaster for a different case, which is why you should always consult with a professional DUI attorney licensed to practice in the state of Maine when you are first arrested.

According to state law, a DUI charge is the result of at least one of several things happening, but it does not take a traffic accident to trigger the arrest. Here is a quick rundown of what it takes to be charged with driving under the influence of drugs/alcohol in the state of Maine:

1. You show evidence of intoxication or impairment. This can come in the form of blurred vision, slurred speech, alcohol-scented breath, balance problems, and so on. When the officer requests field sobriety tests, it is to detect this form of evidence, although the tests are not always admissible in court.
2. You violate a traffic law or state statute. This is one of the most common reasons that people wind up being arrested for DUI. It can be as simple as speeding, or something more serious, like a traffic accident.
3. You fail the breathalyzer test. Failing the breathalyzer is a legal indication of your level of impairment, and it is your one-way ticket directly to jail in most cases. The higher the BAC (blood alcohol concentration) the more damning the evidence.
4. You have an outstanding warrant, even on an unrelated issue. If there is an outstanding warrant for your arrest, you will likely be arrested on the spot, regardless of the outcome of your breathalyzer. You do not have to be wanted for something like murder to be arrested; it can be any type of bench warrant in order to trigger an arrest.

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Posted in DUI Attorney, Maine OUI, OUI/DUI Laws in Maine, drunk driving

Tags: bench warrant breathalyzer test DUI attorneys DUI charge first time offender outstanding warrant

Defining A DUI: Maine

September 3rd, 2010
What is the definition of a DUI in the state of Maine?  You are driving under the influence if: 1. your blood alcohol content is a .08% or greater OR 2. your mental or physical faculties are affected to any degree by alcohol or drugs.  So, how does that translate to your case?  Well, an officer can arrest you if he has probable cause to believe you are operating under the influence.  He doesn’t have to have an actual breath test to arrest you, rather, as long as he can point to reasonable and articulable issues that suggest impairment, you can be arrested for DUI.  For example, if you are speeding, swerving, riding the yellow line or drifting, the officer has a reasonable suspicion to believe you are operating under the influence.  Once the officer stops your car, if you admit to drinking, have blood shot glassy eyes, slurred speech, difficulty with fine motor skills, exhibit mental confusion or any other number of impairment indicators are present, he has probable cause to arrest you for suspicion of DUI.


Now, an issue that comes up frequently is “could my BAC have been below the legal limit at the time of driving?”  The answer is yes.  You can fail the breath test by blowing over the legal limit yet at the time of driving, have been under the legal limit due to a rising blood alcohol level.  That is why it is so important to contact a skilled DUI attorney immediately to discuss your case.  The right attorney can make the difference between a conviction and freedom.

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Posted in DUI Attorney, DUI Defense, drunk driving

Tags: blood alcohol content driving under the influence DUI definition operating under the influence police officer probably cause

More Driver’s License FAQ After OUI Conviction

August 26th, 2010

To the average American old enough to have driving rights, being able to drive is something that we really take for granted. As long as we have a vehicle, we have a ticket to go somewhere to defeat boredom, find/keep employment, and spend time with family and friends. If we do something to see those privileges revoked, it can literally result in changes that affect the rest of our lives, and not always in a positive way.

You have to rely on the kindness of everyone you know to get anywhere. Unless you can afford public transportation or a taxi anytime you need to go somewhere not in walking or biking distance, you will be forced to request a ride everywhere. That gets old fast, and you will quickly discover that friends and family get tired of trucking you around to anywhere that is not vital. Do not be surprised if you can only find rides to and from work and/or school after a while unless you are careful about how often you ask.

You could lose your job, social life, friendships, and family ties. The conviction can affect everyone that you know, from your family members to your coworkers. This is especially true if you are having trouble getting to work and are forced to call in frequently. Your boss will only put up with this behavior for so long before you find yourself in the unemployment line, if the DUI conviction alone was not reason enough to terminate you.

You can begin to see the importance of having someone on your side who understands OUI law in the state of Maine. Operating under the influence is a serious crime, and the consequences can alter your life and the lives of everyone around you. As soon as you are arrested, consult with an OUI attorney licensed to practice in Maine, and protect your rights and your freedom.

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Posted in DUI Attorney, Maine OUI, OUI/DUI Laws in Maine, drunk driving

Tags: driving rights DUI conviction lose your job OUI law in Maine protect your rights

FAQ About License Reinstatement After OUI: Maine

August 24th, 2010

Losing your driving privileges can be very frustrating to anyone, especially if you have trouble finding a ride to work, school, or for your social activities. There are many things to consider when the time for receiving those rights comes, and you may not be aware of the answers to several of your questions regarding license reinstatement in Maine. An OUI conviction is a serious matter, and the state treats it thusly, so the rules for getting to drive again are complicated and costly for most people. Here are a few questions that people frequently ask:

What’s the first step in order to get to drive again after an OUI conviction in Maine?

This question can be answered differently for different people, depending on what was ordered in a particular case. You must satisfy all of the requirements set forth by the judge in your case, and your attorney can help you figure out what all of these are without problem for most people. If you did not have an attorney, you may want to consult with a professional OUI lawyer to help you determine what you need to do in your case.

Will I have to pay a lot of money to get my license back?

Most people start with the basic $50 license reinstatement fee, but many other fees may be imposed in a given case in order to be allowed to drive again. For instance, you may have been ordered to pay a fine, restitution, or similar fee, and this will need to be paid first. In addition, if you were ordered to have an ignition interlock device, or IID, installed, this costs a lot of money. You will see the installation fee, monthly maintenance fees, and similar costs.

Do I have regular driving privileges like before my OUI conviction once I pay the fees?

For the most part, you will not have the same privileges. Most people are required to have a conditional license for at least the first year following license reinstatement, and others must carry this restricted license for years before receiving normal privileges. Remember that the OUI conviction will stay on your record forever, and for most people it can be a serious factor for at least ten years in Maine.

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Posted in Maine OUI, OUI Convictions & Penalties, drunk driving

Tags: conditional license IID losing driving privileges OUI lawyer

Change of Rules When Fatalities Occur With DUI

August 20th, 2010

You may be aware of the many factors that can influence your sentence if you are charged with driving under the influence of drugs/alcohol, or DUI, in the state of Maine. From property damage information to your blood alcohol concentration, there are many things that can influence a judge’s decision when it comes to the sentencing phase in your particular case. However, any time that fatalities are involved, the case becomes much more serious, and many things are negatively impacted.

It is not hard to imagine any judge believing that an accident that results in death is tragic, and this is in correlation to the average person’s thinking in the United States. In fact, if you heard about someone killed as a result of a DUI-related accident, you would likely agree that the senseless death could easily have been prevented, although you may have reason to see the other side of the story sometimes. When someone dies due to any alcohol-related accident, a judge has no choice but to increase the sentence in order for the family of the victim to receive some measure of justice.

In addition to other penalties, you will likely lose your driving privileges for at least ten years in Maine if the prosecution satisfies the burden of proof regarding the implication that alcohol was the direct cause of the person’s death in your case. Some cases require that the person’s driving rights be permanently revoked depending on various factors in the accident. Refusing to submit to sobriety tests only complicates the matter, as can many other aggravating factors in a given case.

Incarceration is another key concern when fatalities are a part of your case, and you are much more likely to see jail time when this is a factor. If you are charged with and convicted of vehicular homicide, you could face up to 30 years in prison, not including any other charges or penalties in the case. One case can see several different charges, and each is punished separately.

With all of the serious consequences that can result from a fatality in an OUI-related case, you should consult with a professional OUI attorney as soon as you are arrested to protect your rights and your future.

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Posted in Maine OUI, OUI Convictions & Penalties, drunk driving

Tags: DUI fatalities incarceration Maine OUI lawyer OUI penalties refusing to submit to sobriety tests

How Maine Liquor Laws Could Affect You Under 21

August 18th, 2010

Thousands of Maine residents consume alcohol every day, most of them having reached the legal drinking age of twenty-one years old in the state. This is a common practice for men and women across America, and it can be a great way to relax after a long day at work, or just spend time with friends. However, if you are not careful, it could lead to problems that affect you for the rest of your life.

First, consuming alcohol under age twenty-one is against the law. If you are stopped for any reason, you could be arrested if the officer discovers that you are underage. This may result in an OUI charge, or operating under the influence of alcohol, and a charge such as this one stays on your criminal record for a very long time. With dozens of alternatives for having fun while you are underage, there is no situation that should warrant consuming alcohol, especially in excess.

Second, you will lose your license for at least a year if you are caught with alcohol in your vehicle while underage. Regardless of how much you have consumed, even if you pass a breathalyzer test with flying colors you will no longer have driving privileges. Even transporting alcohol while underage is against the law, and carries a mandatory suspension. Refuse a breath test, and the length of suspension time dramatically increases.

Finally, even your first offense can change your life, and the lives of many around you. This could come in the form of hefty monetary fines, loss of driving privileges, jail time, community service, mandatory alcohol education, and much more. Aggravating factors like causing property damage, injuries, or fatalities, having another minor in the car, selling/giving alcohol to a minor, excessive speeding, and many other driving infractions can exacerbate the problem as well. It can literally mean a lifelong problem, especially if you are over seventeen but under age twenty-one. You have none of the privileges of being a minor in the eyes of a judge/jury, with all of the drawbacks of being tried as an adult.

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Posted in Maine OUI, OUI/DUI Laws in Maine, drunk driving

Tags: breathalyzer community service criminal record jail time lose your license mandatory alcohol education monetary fines underage drinking

Important Legislation: OUI Law Changes in Maine

August 16th, 2010

Since October of 1969, there have been about a dozen or so changes made to Maine legislation where operation under the influence of drugs/alcohol, OUI, is concerned. Most have to do with the legal drinking age, and it has fluctuated between eighteen at least and twenty-one at most over the years. Currently, the law stands at twenty-one years old as the legal drinking age in Maine and most of the United States in general.

Other laws have to do with how much alcohol one can legally consume and still be considered able to drive without impairment. Although this number, called a blood alcohol concentration or BAC, started at .15% in Maine, it was decreased just two years later to .10% and dropped to the current legal limit of .08% in 1988. The rest of the United States uses this same BAC level to determine intoxication and/or impairment, depending on the age of the driver.

As the legal drinking age rose and fell, the acceptable BAC level rose and fell as well, and underage drinking has always been a touchy issue in Maine. In 1983, drivers under the age of twenty-one were permitted to have a BAC no higher than .02%, but this number was reduced to zero in 1995. Today, if a driver is under the age of twenty-one, they are allowed no leniency at all, and the zero tolerance policy is quickly gaining momentum in the United States as a whole.

Laws that deal with punishment for OUI conviction have also been added or amended since 1969. Some of the most recent legislation includes amendments dealing with the zero tolerance policy for minors having any alcohol in the vehicle, the per se law, amendments dealing with vehicular manslaughter related to OUI, adding drugs to the OUI equation, and so on. In 1974, the DEEP program was adopted, or Driver Education Evaluation Program. Attendance in this program is mandatory, and if you do not understand its significance, you should speak to your OUI attorney right away.

It is essential to consult with someone who understands Maine OUI laws and how they apply to your situation. Do not wait until it is too late, talk to an experienced OUI lawyer early in your case.

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Posted in Maine OUI, OUI/DUI Laws in Maine, drunk driving

Tags: blood alcohol content legal drinking age Maine legislation OUI laws Maine OUI lawyer punishment for conviction

Why OUIs Are Treated Harshly: Maine

August 12th, 2010

It may come as a surprise to you that an OUI charge is treated as a felony under certain circumstances in the state of Maine. Operating under the influence of drugs or alcohol is dangerous to you, your passengers, other drivers, their passengers, pedestrians, and anything or anyone that you pass while you are driving. Therefore, the state has to treat the decision to operate a vehicle while your body is suffering from the influence of drugs or alcohol seriously.

Operating a vehicle after a few drinks, or after doing drugs (even a prescription that is yours) can be deadly, to you and everyone else. Prosecuting attorneys, judges, and juries are very strict with OUI charges due to their lethal nature, and rightly so. However, they rarely have the opportunity to sit down with the defendant and actually listen to the other side of the story.

There are always three sides to every story: your side, my side, and the truth. This saying suggests that everyone has a reason to explain something their own way, and we sometimes have ulterior motives for telling things a specific way. Consider the following situation. John was called to come home due to a family emergency, although he had been drinking and had no intention of driving. He is arrested after being stopped for speeding and failing a roadside breath test. The prosecution does not care about his reason for operating under the influence, just about the citizens who could have been hurt or killed. He is convicted of OUI, and loses his job eventually.

Scenarios such as this happen, but it is up to you to be sure that the world hears the other side of the story. To do this, you need someone on your side. As soon as you are arrested, contact a professional OUI attorney in the state of Maine. Protect your rights, and your future, by getting the help that you need to defend yourself in court against a charge that could change your life. Do not wait until you are convicted to seek help, take a proactive approach and achieve the best possible outcome in your case.

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Posted in DUI Attorney, drunk driving

Tags: judges juries Maine OUI operating under the influence of drugs prosecuting attorneys protect your rights your side of the story

A Vacation You Would Rather Forget: Maine OUI Law

August 7th, 2010

Did you know that Maine is known as the “Land of Remembered Vacations”? Most people visit this beautiful state without ever thinking about how much they would like to forget any vacation that changed the rest of their life. If you are arrested for operating a vehicle while under the influence of drugs and/or alcohol, it could quickly become a vacation you would much rather forget than remember.

You do not have to have a Maine driver’s license in order to be punished for operating under the influence in this state. There are a number of laws that can have an affect on the rest of your life, including consequences that can follow you to your home state or country. Some can even impact your family and friends for many years to come, and not in a positive way.

If you are arrested for OUI in Maine, it is critical to consult with a professional OUI lawyer in the state right away. The best approach to this type of case is a proactive one, and having someone on your side who understand Maine OUI law and how it affects you can make a huge difference overall. In fact, it sometimes results in charges being dropped or having some of the prosecution’s most important evidence suppressed during the case’s trial phase.

You do not have to fail a breathalyzer test in order to be arrested either. Whenever an officer has a reasonable belief that you are too impaired to drive, he/she can choose to arrest you based on your own actions, reactions, words, or behavioral issues. In other words, if you are driving excessively slow and fail field sobriety tests, you could be arrested.

Do not let the state of Maine become your land of lost dreams. Take a straightforward approach to the situation and find someone who can work on your behalf. Consult with a professional OUI attorney as soon as you are arrested to learn your options, and to discuss your future.

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Posted in Maine OUI, drunk driving

Tags: drivers license lawyer Maine operating under the influence OUI in Maine vacation

Common Misconceptions — OUI Drivers

July 30th, 2010

When you see an advertisement or informative television show talking about drinking and driving, how often do you see any pity or sympathy for the driver? More often than not, you see the tragic loss of innocent life, extensive property damage, and even angry officers dealing with the lawbreaker. However, sometimes there is more to the story than what meets the eye, and these are issues that should be recognized and addressed.

1. We all make mistakes. The decision to operate a vehicle under the influence of drugs or alcohol is life altering in many cases, although not every driver who makes this decision has an accident. Even one accident can change lives forever, though, and it is never worth it “just this once.” Keep in mind, though, that we have all done things we are not proud of; some of us just never got caught.
2. Social stigma is often a far worse punishment than jail. True, the person who was convicted of OUI was likely sent to jail, lost driving privileges, had to pay a fine, was forced to attend alcohol education courses, and faced mandatory rehab, but the social stigma is much worse. In fact, it is not only bad for the convicted driver, but for his/her family, friends, coworkers, and employer as well.
3. The OUI driver may have been hurt or killed, too. This does not downplay the heartbreaking loss of life of innocent passengers, pedestrians, or other drivers. In some cases, the driver may lose his/her life, suffer serious injury, or lose a loved one as well. Circumstances like this are rarely talked about, because the public does not want to appear sympathetic toward an OUI driver.
4. Self-criticism and regret are far less lenient judges. Anyone who has ever done something that they regret can attest to this fact. Most of us are much harder on ourselves than any judge could be, even with the penalty from the legal system. Additional punishment is rarely necessary for those who are truly remorseful.

Do not choose to tackle the legal system and future social stigma alone; talk to an experienced OUI attorney as soon as you are arrested to learn your defense options.

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Posted in Maine OUI, drunk driving

Tags: drinking and driving lawbreaker make mistakes social stigma

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