Archive for the ‘DUI Attorney’ 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

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

Important Questions For Your OUI Attorney

July 26th, 2010

Sometimes the earliest meetings with your attorney are the most critical, regardless of what type of case you are dealing with, and any operating under the influence, OUI, charge is no different. You need the help of a reliable and experienced OUI attorney, and this knowledge can make all the difference in your case. Here are a few of the most important questions that you can ask your OUI attorney, in no particular order:

How much experience do you have dealing with OUI cases?

The answer to this question is critical, because more experience means more in-depth and comprehensive knowledge of state OUI laws and statutes. Experience gives the attorney more ways to deal with the charge, from defense strategies to sentencing options. It also gives them more bargaining power during the sentencing phase, since so few OUI cases actually go to trial.

Are you certified for OUI cases?

Not just any attorney can take on an OUI case successfully; it takes a comprehensive knowledge of state law in order to defend against these types of charges. Your OUI attorney should be an OUI specialist, much like you would see an ear, nose, and throat specialist when you have ear problems and a heart doctor with heart problems. Just as you would not see a dentist for a stomach problem, make sure that your attorney is ready and able to handle OUI cases.

What are my potential outcomes, in your opinion?

Find out early what your attorney thinks you can expect, and what you can do to achieve the best possible outcome in your individual situation. Your circumstances may dictate that he/she do something totally different from another OUI case, depending on a variety of factors. Taking a proactive approach by getting involved in your own defense could really be a benefit to both your attorney and yourself.

How should I handle myself?

This final question should be obeyed without fail. If your attorney says to keep quiet and do not talk, then keep quiet until told otherwise regarding the case. Giving up the right to remain silent is an irrevocable step, because once waived, it cannot be taken back.

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Posted in DUI Attorney, Maine OUI

Tags: individual situation OUI attorney OUI laws right to remain silent statutes

Top Challenges Faced By An OUI Attorney

July 22nd, 2010

Many challenges await your OUI attorney, some of which can have a massive impact on the case itself. Operating under the influence of drugs and/or alcohol, OUI, is a big problem in the United States, and is one of the number one leading causes of death for those under the age of twenty-five in some states. Therefore, the top challenges faced by an OUI attorney can be classified thusly, in no particular order:

1.    Suppress or refute existing evidence against a given defendant. Evidence, such as laboratory results or breathalyzer tests, can be what really gives the prosecution a leg to stand on. If this leg is chopped off at the knee, the burden of proof becomes harder to prove. The burden of proof rests with the prosecution, so if they cannot meet this burden, the case against a client must be dropped.
2.    Discredit or question eyewitness testimony. The testimony of various witnesses can be a major factor if the case goes to trial. Keep in mind that very few OUI cases actually make it to the trial phase, though, and most are decided during the very early stages of the case. Any eyewitness testimony that is potentially damning to the client should be questioned, suppressed, or discredited whenever possible.
3.    Secure as many freedoms and rights as possible for the defendant, and protect that individual’s rights according to state law, federal mandate, or the United States Constitution. Even convicted felons have rights, although they may be more limited than the average American’s. Your OUI attorney must strive to protect as many of these as possible for each defendant, including minimizing or avoiding jail time, having charges dismissed, securing an acquittal, minimizing or avoiding loss of driving privileges, decreasing fines, and more.
4.    Achieve the most favorable outcome possible for each defendant. Not all defendants can avoid jail time, especially if there is a lot of evidence stacked against that individual. In cases like these, the challenge becomes minimizing the penalty as much as possible. For some, this may mean probation instead of jail, and for others, it could mean one year in jail instead of five, depending on the particulars of a given case.

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Posted in DUI Attorney, Maine OUI

Tags: defendant's rights evidence eyewitness testimony OUI attorney

How To Become An OUI Attorney

July 20th, 2010

Becoming a dedicated OUI attorney in the state of Maine requires more than just waking up one morning and deciding to specialize in operating under the influence of drugs/alcohol charges. It requires college education, and an extensive in-depth knowledge of OUI laws in the state, so that the attorney can more successfully defend his/her client against these charges. Here is a basic timeline of what it takes to become an OUI attorney:

Pass the law school admission test. Although one might would think it is as simple as picking a law school, the truth is that law schools are choosy about who they will allow to learn to practice law. This pickiness helps narrow down those who are serious from those who are less passionate about law. After choosing a law school, take and pass the admission test in order to get started.

Go to law school. You have to get a college education at an accredited university to start, with a bachelor’s degree at minimum, and this requires commitment and a lot of studying. Only those with a real desire to become an attorney—regardless of the area of specialty—will make it through the grueling and mind-numbing courses of study required just to get a degree.

Specialize in OUI law. Just like a doctor intending to specialize in a specific area of medicine, attorneys must decide what area of the law they will represent. Some choose real estate or business, others family law, and still others criminal defense. There are other areas of expertise as well, from personal injury to bankruptcy. In order to specialize in OUI law, the attorney must learn everything about this charge and how best to represent each client according to Maine laws, mandates, statutes, and so on.

Pass the bar exam. In order to practice as an attorney, you must pass the bar exam in the state of Maine. This is much like a residency for a doctor, and gives the hopeful attorney an opportunity to present his or her knowledge before the Bar Association. Average cost for the test is $700, but the attorney’s cost may be more or less depending on the county, type of course, and applicable fees.

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Posted in DUI Attorney

Tags: attorney bar exam law school Maine OUI laws

Potential Outcomes: OUI Case

July 16th, 2010

We often dwell on the many potential sentencing options when we consider various crimes, and those who are charged have the same outlook for the short-term. In the long run, though, there are many potential outcomes for a given case, although the end of a matter can seem very far away during the initial arrest period. Here is a brief rundown on a few of the potential outcomes in an operating under the influence of alcohol or drugs, OUI, case.

There are two favorable outcomes for any given defendant, each only achievable if specific conditions are met or not met, and under certain circumstances. They are not feasible for every defendant, and your attorney will be able to tell you which is a viable option in your case, if any. They are:

•    Dismissal of all charges. This is likely the rarest favorable outcome, and it means that all charges have been dropped against that particular individual for this specific crime. It normally results when your attorney can suppress or invalidate enough testimony or evidence so as to keep the prosecution from satisfying the burden of proof.
•    Acquittal. An acquittal during an OUI case is the same as a not guilty, or innocent, verdict. They all mean that the person is free to go, with no criminal record to worry about. Keep in mind that some media attention is still possible during the case, but it may not all be negative, depending on a large variety of factors during the trial period.

Just like positive outcomes, there are negative or neutral outcomes as well. These depend on the client, his/her criminal background, existing evidence, and much more. They are:

•   Conviction on a lesser charge.  A conviction on a lesser charge means that you pled guilty to an offense other than an OUI.  Many times this means a Driving to Endanger or Reckless Conduct charge.  These come with little or no license suspension time as well as no jail (usually).  A conviction on a lesser charge is an excellent outcome and usually happens because the attorney was able to discover weaknesses in the State’s case and used that to the client’s advantage.
•   Conviction. This does not always have to be completely negative, and can be a more neutral outcome if your attorney has been able to negotiate the penalty phase. It all depends on the severity of the crime, and any aggravating factors.
•    Mistrial. This is a more neutral outcome, since it can open the door for a future repeat trial for the same charges. Normally, it only results when the jury cannot reach a unanimous verdict, but very few OUI cases go to trial, so it is not always a feasible outcome.

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Posted in DUI Attorney, Maine OUI

Tags: acquittal conviction of lesser charge dismissal of charges DUI conviction mistrial OUI case

Appealing an OUI FAQ

July 14th, 2010

Anyone convicted of operating under the influence in the state of Maine likely has questions about how they can clear their name and move on. This type of conviction can follow you for the rest of your life, especially if it was a felony OUI conviction, and can cause serious problems both in the short-term future and in the long run. To help clear up some of the confusion, here are some frequently asked questions involving appeals and clearing your name, but you should always look to your attorney for the most detailed answers in your area.

I appealed my case as soon as possible. Does that mean the appellate court will have to look at the appeal?

No. Even if you promptly file an appeal, there is still no guarantee that it will be heard in the appellate court. There are many factors to consider, and the vast majority of appeals are denied, and reversed decisions are even more rare.

The appellate court has decided to grant my appeal. This means that the decision will likely be reversed based on my new information, right?

Keep in mind that very few appeals are heard, let alone won. Those that are heard still have a very small chance of achieving a reversal of the original verdict. New information is rarely presented unless a mistrial is granted or there are extenuating circumstances that bear on the appeal.

Will I be allowed to present my new evidence during the appeal phase?

Most likely, the evidence will not even be viewed. the majority of appeals are based solely on the court record of the case, including all testimony and evidence presented therein. While your attorney will likely have an opportunity to present an oral argument during the appeal, the introduction of new evidence is unlikely without the appellate judges granting a mistrial.

How many judges preside over an appeal?

This depends on the jurisdiction, but generally speaking a panel presides over the appeal instead of one judge acting alone. The reason for the panel of judges is simple: the more judges that hear the appeal, the lower the risk of bias in the case. Whereas it is much simpler to get an appellate judge who knows the judge in your case, a panel of judges would be much harder to persuade to be biased.

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Posted in DUI Attorney, Maine OUI

Tags: appellate court appellate judges convicted of OUI felony OUI jurisdiction new evidence

OUI Sentencing FAQ in Maine

July 12th, 2010

Anyone arrested in the state of Maine for operating under the influence of drugs/alcohol, OUI, is certain to have dozens of questions on the subject of prospective sentences, his/her future criminal record, and the future overall. even though only a professional OUI attorney can answer every question you may have, here are some of the most frequently asked questions as regards to sentencing and the foreseeable future:

Could I get jail time for a first offense?

Yes, but it is less likely for a first offense than for repeat offenses. In order to increase the risk of jail time, there must be aggravating factors present. This may include serious injuries, property damage, or fatalities, or may be something simpler, like driving more than thirty miles per hour over the posted speed limit or having a blood alcohol level of .15% or greater.

How much jail time am I looking at for a second offense without aggravating factors?

The state minimum for a second offense is one week of jail time, which is increased to twelve days if you refused to submit to submit to chemical testing. Keep in mind that only your attorney can tell you if there are aggravating factors, since this means more than just injuries or accidents.

I was charged with OUI for the third time, and this time there were injuries and an accident involved. Does this increase my punishment?

Maine’s minimum jail time for a third offense is thirty days of jail time, and this will likely be increased if accidents and/or injuries were involved. It depends on the severity and extent of each, and a few other factors as well. The existence of other aggravating factors can also complicate the case. Furthermore, a 3rd offense within 10 years is a felony in Maine.

This is my second OUI charge, but it has been less than ten years since my first conviction. Will that make a difference in sentencing?

The ten-year window will definitely make a difference in sentencing, especially from a driving privileges perspective. If it has been more than ten years, most judges will treat the offense much like a first offense, while less than ten years gives rise to more jail time, more expensive fines, and longer loss of driving privileges.

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Posted in DUI Attorney, Maine OUI, OUI Convictions & Penalties

Tags: aggravating factors expensive fines jail time OUI attorney repeat offenses state of Maine

Maine OUI - Blood Test