Archive for the ‘DUI Defense’ category

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

Defending Against An OUI Charge Pt. 2

July 8th, 2010

Once you have decided what your plea will be in an OUI, operating under the influence of drugs/alcohol, case, with the help of an experienced OUI attorney, your next step will be to develop a successful defense strategy. This is not just a matter of deciding that you are not guilty, although the prosecution has the burden of proof in an OUI case, but a decision of what needs to be fought versus what can be proven. Even one wrong decision, or neglected piece of information, can make a huge difference in the case.

Your attorney will look at a variety of information when building the defense strategy, such as the following, without limitation:

• Miranda rights. If you were not read your rights while in custody, then the police cannot use the evidence they gained against you in court. You have a right to be silent, the right to choose what you say since it will be used against you or for you, the right to competent legal representation, and the right to ask for an appointed attorney if you cannot afford one.
• Eyewitness testimony. The prosecution has to prove that you were operating under the influence, beyond a reasonable doubt. If no one saw you driving, this becomes very difficult. When there are witnesses, your attorney will likely seek ways to discredit each one, whenever possible.
• Chemical test results. These can present the most damning evidence against you, coupled with any refusal to test. Your attorney may struggle with defending against a refusal, but even a failed chemical test offers a few defense strategies.
• Officer testimony. Officer testimony is often another very crucial aspect in the case. An experienced OUI attorney will know what to say—and when—in order to cast doubt on the officer’s words and knowledge, with information ranging from “Is the machine in working order and up-to-date?” to “Are you sure that Mr. Doe was driving the vehicle?”

There are many other aspects of a defense strategy that will be questioned, examined, or debated during the course of the case. However, you should never try to do it without help from a licensed OUI attorney, since the stakes are so high.

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Posted in DUI Defense, Maine OUI

Tags: chemical test results defense strategy eyewitness testimony Miranda rights OUI defense

Defending Against An OUI Charge Pt. 1

July 7th, 2010

Unless you are an attorney, you will likely have little or no idea of how to represent yourself against charges of operating under the influence. This can be a very complex legal situation, and even one wrong or poorly timed decision can be very costly in the long run, sometimes even costing the entire case. Instead of trying to muddle through the situation on your own, it is imperative to seek the services of an attorney who has made OUI charges his/her specialty.

There are a number of defenses that have a better chance of being successful in a given case, but the one that is best in your case may be different than what is most suitable for another person’s case, even if they look similar to the average defendant. Your attorney will help you decide what is best for your case, and this could mean the difference between an acquittal and a guilty verdict. It could also mean the end of your freedom, or at least your driving privileges, if it is not successful.

Hiring an OUI attorney who is licensed to practice in Maine is your first step toward protecting your rights and your freedom, and may be the most important defense method you can choose. Not all attorneys have the knowledge required to defend against an OUI charge, and this lack of knowledge can be the final nail in the coffin of your freedom. Keep in mind that it is not just your freedom and rights at stake, but your future, and your family’s as well. Even your friends and coworkers can be affected by an OUI conviction.

The best OUI defense strategies depend on the particulars of a given case. For example, if you are charged simply with operating under the influence—first offense, there are no aggravating or mitigating factors, you have no criminal record, and you are not contesting the charge, then the case may simply involve deciding what the appropriate sentence is for the case. On the other hand, if it is a repeat offense, or there are aggravating factors, or you plead not guilty, then the case may require a more in-depth defense strategy, including going over eyewitness testimony, expert credibility, and so on.

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Posted in DUI Defense, Maine OUI

Tags: aggravating factors attorney defense strategies mitigating factors operating under the influence OUI charge

Alcohol and Drugs: DUI Influences

April 1st, 2010

When television shows and movies portray officers arresting people for suspicion of DUI, it is almost always associated with alcohol. However, the legal definition of a DUI is driving under the influence of drugs or alcohol, so drugs can also be a factor in a DUI. This can mean recreational, illegal drugs, or even prescription medications, even if you are taking them as prescribed.

Recreational and illegal drugs cover a very wide variety of street drugs. Most commonly, it involves marijuana, crack cocaine, heroine, methamphetamine in some fashion, and similar drugs, but can also include other popular drugs. This includes ecstasy, PCP and LSD, and prescription medications sold on the street by the pill, patch, as a powder, or in liquid form.

Prescription medications are a more common driving influence, especially when combined with alcohol in excess. While common prescriptions such as those for high blood pressure, cholesterol, and similar problems will not affect your driving, anything that has a label with “Do not drive or operate heavy machinery” can cause drowsiness and impair your driving. This drowsiness looks like a symptom of intoxication, and can lead to your arrest if the officer is afraid that you are too impaired to drive without creating the potential for an accident.

If you have been arrested for DUI, whether it is related to drugs and alcohol, contact a skilled attorney as soon as possible to discuss your options. This is important to establish a solid defense and begin working on any weak areas in the prosecution’s case.

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Posted in DUI Attorney, DUI Defense, drunk driving

Tags: definition of DUI drugs DUI arrest prescription medications

DUI Class Information

March 27th, 2010

One of the most common and effective penalties for DUI, driving under the influence, involves taking a class that teaches about driving under the influence of drugs and alcohol, how it impacts the community, how it can affect those around you, and potential consequences. Although some are very affordable, and a few are even free, any of these classes must be paid for out of the defendant’s pocket. In a few cases, the court will order a more expensive course, especially for repeat offenders and in situations where serious injuries or fatalities have resulted from the behavior.

DUI classes are often a mandatory part of the sentencing phase, and the only negotiable aspects of these often involves the length of the class, court approved classes, or payment installments for the course. Most states have an approved list of course providers, and if you do not attend classes with one of these, you may not get credit for the completion. There are often separate penalties for not attending classes, failing to complete the course, or choosing an unapproved course.

Some courtrooms will use a DUI course as an alternative to other forms of penalties, and if they are completed successfully, the legal system will sometimes expunge or close the case altogether. This is especially helpful for first time offenders, and often discourages repeat offenses for those who are honestly remorseful for their actions. In other cases, the course may cost enough money so as to discourage others from ever driving under the influence again.

A few states even offer online DUI education courses, depending on the state, and whether the online course has been accredited with the DMV (Department of Motor Vehicles) or a similar organization. The cost of attending the class is normally payable by the defendant, wholly or in part, depending on the situation, seriousness of the offense, extent of damage or injuries, and the court’s determination. Online courses can be very convenient, and in some cases the instructor will be more open to working with a busy schedule.

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Posted in DUI Defense, OUI Convictions & Penalties, drunk driving

Tags: consequences DMV DUI class DUI course DUI penalties sentencing

Maine Felony DUI Crimes

January 15th, 2010

In Maine, crimes are distinguished into classes with Class A B and C crimes considered felonies with the following potential sentences;

  • Class C: Crimes punishable by up to 5 years incarceration and a $5,000 fine
  • Class B: Crimes punishable by up to ten years incarceration and a $20,000 fine
  • Class A: Crimes punishable by up to 40 years incarceration and a $50,000 fine

What this means is in Maine while charged with an Operating Under the Influence (OUI) the factors of your case will determine what class crime you are charged with. If you have no priors or one previous OUI offense within the past ten years you will be charged with a Class D crime. In regards to penalties one if convicted will be facing a fine of not less than $500.00 ($600.00 if one refused to submit to an alcohol concentration test) and a loss of license for 90 days (plus an additional 275 days from the Bureau of Motor Vehicles consecutive with the loss of license imposed by the court). One also faces a jail sentence if they have one of the following factors- had a blood alcohol of .15% or more; was speeding 30 miles or more over the posted speed limit, attempted to allude a police officer or was operating the vehicle with someone under the age of 21.

If you have two previous OUI offenses within a 10 year period you will be charged with a Class C crime and will face a fine of not less than $1,100.00 ($1,400.00 if you refused the test), a jail sentence of no less than 30 days (40 days if you refused the test) and a loss of license for 4 years.

If you have three or more previous OUI offenses within a 10 year period you will be charged with a Class C crime as well but the penalties you face are even more severe. The fine will be not less than $2,100.00 ($2,500.00 if you refused to submit to the test), a jail sentence of no less than 6 months (an additional 20 days if you refused the test) and a loss of license for 6 years.

So as one can see the penalties one can face are quite staggering. So whether you are charged with a crime in Maine or New Hampshire let Nielsen & Bly help you navigate the court system and fight for your rights. We are committed to getting you the best resolution available for your case!

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Posted in DUI Defense, OUI Convictions & Penalties, drunk driving

Tags: class A class B class C dui crimes felony dui Maine operating under the influence penalties

Felony DUI trial victory

November 2nd, 2009

I just finished a grueling trial last week on a felony DUI. My client had been accused of DUI and refusing to submit to a breath test as well as stealing a car. My kid was looking at at least 2.5 years in prison if he had been convicted of the crime.  It was the greatest feeling to hear the foreman of the jury say the two sweetest words in the english language: Not Guilty!

Sometimes you can just look at a DUI case and figure that it is going to trial no matter what. Sometimes the facts of the case will dictate that direction while other times it is the client’s personal circumstances. Either way, you must always be prepared to take the case to trial. This isn’t poker. Bluffing gets you nowhere except a poor result. If the DA even suspects you are bluffing or that you never follow through with your assertion that you will try the case, chances are your case is going to fold and you, the client, will be left holding the bag.

Choosing an experienced trial lawyer is the key to the successful outcome of your case. Let’s face it. When life gives you lemons, sometimes you have to just make lemonade. If you hire the attorney who tells you “don’t worry, I know the DA”, or “I’ll get you a good deal”, you have just made a big mistake. There is nothing wrong with trying to angle a deal in a DUI case. However, deals don’t just grow on trees. They are earned through hard work and preparation as well as a time-tested reputation. It is better to negotiate with the point of a sword than it is to do it from your knees.

Don’t make the classic mistake of hiring the cheapest attorney or the attorney who will tell you what you want to hear. Rather, hire the attorney who you feel will most likely get you the results you want in your case.

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Posted in DUI Attorney, DUI Defense, criminal defense, drunk driving

Tags: attorney DUI felony lawyer Maine trial victory

Maine DUI trials – does the chemist have to testify?

October 12th, 2009

In a Maine DUI case involving a blood test or a drug test, the State must produce the chemist who tested the blood or urine for alcohol and drugs.  Recent US Supreme Court case law mandates that the State must prove this portion of the case through live testimony.  Previously, the State could rely on a chemical analysis affidavit alone.  However, the US Supreme Court decided that the Confrontation Clause of the US Constitution mandates live testimony.

So why is this important?  Because that means there is one more step that the State must take to try and prove their case against you.  One more step that they can be tripped up on.  One more thing to pile up on an ever increasing workload.  All of this equals additional strain and work on the DA which means a higher likelihood that a good plea offer may be more likely or that the State will have a difficult time scheduling or preparing their expert for trial.

Remember the maxim of the trial lawyer… Those who expect a trial and prepare for trial, win the trial.  Those who expect a plea and prepare for a plea merely plead their clients guilty.

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Posted in DUI Attorney, DUI Defense

Tags: attorney DUI DUI Defense testimony trial US Supreme Court

Maine OUI – Blood Test

October 1st, 2009

Blood testing in Maine is serious business.  Having a blood sample drawn following your arrest is a traumatic experience.  When you are arrested for DUI in Maine, a police officer has the right to request a chemical test of his choosing.  That chemical test includes breath, urine or blood.  While the preferred method is breath, because it is the least invasive, blood is usually the most accurate of the three tests.

If you had a blood sample drawn for testing it will likely be tested by a chemist at the Maine Health Environmental Testing Laboratory.  If the blood draw was performed at a hospital, it may have been analyzed by the hospital staff.  The difference is significant and make a great difference on the outcome of your case.

Blood testing regimes are considered fool-proof by the chemists employed by the State.  However, this is a fallacy because while the blood test is performed on a gas chromatograph (which is a highly accurate forensic device), these tests are performed by human beings.

Scientist 300x200 Maine OUI Blood Test

The nurse will draw your blood and this is a rich area for exploitation by the defense team.  Contamination of the specimen during the blood draw is a real concern.  If the ampules are not filled, the vacuum seal could weaken and thus allow bacteria to contaminate the sample, which in turn produces alcohol (neo-genesis of alcohol).  Perhaps the nurse incorrectly labeled the blood tubes.  There is a whole host of potential problems surrounding the blood draw.

Another area rife for exploitation concerns the storage of the blood samples.  Were the vials properly refrigerated or were they instead stored in the trunk of the cruiser?  What about the refrigerator?  What else is stored there besides blood?  Take-out chinese perhaps?

There are many, many areas to exploit concerning the drawing, storage and analysis of blood samples in a DUI case.  The problem is that many attorneys (and prosecutors for that matter) believe that a blood sample = an open and shut case.  Your attorney needs to know what to look for.  He needs to be trained understand gas chromatograph calibration charts.  He needs to understand the testing protocols the lab employs and be up on the latest science concerning blood testing.  Don’t be afraid to ask your attorney what his specialized training and background might be concerning blood draws.  If you decide to retain an attorney from NIELSEN & BLY, you can be assured that our attorneys are trained in the latest forensic analysis theory and techniques.  Because that could make all the difference in the world for your case.

Bill Intoxilyzer

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Posted in DUI Attorney, DUI Defense

Tags: BAC Blood testing DUI DUI Defense Maine DUI arrest Maine OUI

Maine DUI – the New Law

September 25th, 2009

DUIs in Maine just got a makeover.

Police Cruiser

Instead of the old standard of having to relate the amount of alcohol in the breath to the amount of alcohol in the blood (that’s what we really care about anyway… right?), the Maine Legislature pulled a fast one and changed the law.  Now the law reads “grams of alcohol per 210 liters of breath.”  Why you ask does this matter?  Isn’t this just a minor and silly distinction?  That’s a good question and probably one the Legislature answered with “yes, it doesn’t really matter.”  Nothing could be further from the truth.

Under the new “breath standard”, many of the legitimate, scientific defenses based on theories such as partition ratio, blood hematocrit levels, body fat and water distribution and many, many other valid, legitimate defenses have gone out the window.  Therefore, the people who are .08%, .09%, .10%… the truly innocent are the real losers in this new change of law.  They are the ones most affected because those former defenses that nearly guaranteed reasonable doubt can no longer be argued.

Now, with that being said, don’t give up hope.  When one door shuts, sometimes a window opens.  Some of my fellow DWI attorneys and I have been conferencing on how we can work the new law to our clients’ advantage.  Let’s just say these cases are just as defensible as before… maybe more so.  Until next time, thanks for stopping by.
Attorney William T. Bly

DUI Defender
NIK 49691 300x162 Maine DUI the New Law

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Posted in DUI Defense

Tags: alcohol breath standard DUI Attorney DUI Defense DUI law scientific defenses

Maine DUI - the New Law