Archive for the ‘OUI/DUI Laws in Maine’ 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

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

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

Driver Vs. Passenger OUI

June 1st, 2010

One might think that it is only the driver who needs to worry about arrest if the police pull over the vehicle on suspicion of operating under the influence of drugs or alcohol. This is not true in every case, and sometimes the passenger may be arrested along with or instead of the driver. Here are a few scenarios that may apply to you or your situation:

1.    Both Arrested

If the situation calls for it, sometimes both driver and passenger may be arrested for OUI, although this does not happen as often. Normally, for the passenger to be arrested, he or she must have given the officer some probable cause. They could also be arrested if they have outstanding warrants.

When driver and passenger are both arrested, or one is not arrested but considered too impaired to drive, the vehicle could be impounded or towed. Most Maine laws regarding vehicle impoundment mention that the driver must have a specific number of OUI convictions before the vehicle may be impounded.

2.    Driver Arrested Only

This situation is perhaps the most common, since the officer rarely has a reason to arrest the passenger and driver together. The police officer cannot tell that a person is over the legal BAC, blood alcohol content, limit without first stopping them, and they usually must have a reason to stop a person outside of suspicion alone. Even without elevated BAC, evidence of impairment, such as excessive speeding, can lead to the driver’s arrest.

Keep in mind that if the driver is arrested, and the passenger is too impaired to drive, he or she may be forced to find a different way home. They may get a free ride in a squad car, or could be given the chance to call a taxi, friend, family member, or acquaintance for assistance.

3.    Passenger Arrested Only

There has to be a very good reason for only the passenger to be arrested, and it is also rare for the passenger to be arrested with the driver. Normally, the presence of some unique circumstances, such as violation of a law, ordinance, or statute, must occur. Inappropriate behavior toward the officer, including threats or attempted violence, can lead to an arrest. If you step out of the vehicle without being asked to do so, you could be arrested for public intoxication if you are over the legal limit or exhibiting signs of impairment.

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

Tags: arrested for OUI Maine laws passenger OUI

OUI Classifications

May 26th, 2010

In the state of Maine, there are two different ways that you could be arrested for operating under the influence, regardless of whether you caused an accident or any property damage. These are operating under the influence of drugs and operating under the influence of alcohol. The laws and statutes that govern one also govern the other, and the penalties are the same, but you could be arrested even if you pass a breathalyzer test with flying colors.

Operating a vehicle while under the influence of alcohol is a very serious offense in the United States, and more courts each year implement laws that are really cracking down on repeat offenders. First-time offenses are treated more harshly then ever, and people will soon begin to learn that it is never a good idea to drive while drugs or alcohol impair your driving abilities. Alcohol and drugs can lower your reflex time, blur your vision, cause drowsiness, and much more, creating potentially deadly driving skills.

If you pass chemical tests such as BAC, blood alcohol content, when you are pulled over, you could still be arrested for OUI if the officer has a reason to believe that you should not be driving. You could be booked, and forced to submit to more comprehensive chemical tests, such as urine or blood tests, in order to screen for illegal or prescription drugs, in addition to alcohol.

Alcohol may kill thousands in the state of Maine each year, but drugs are just as deadly, and should never be taken immediately before driving. Wait until you are someplace safe to take any medicine, even a prescription, that could cause drowsiness, disorientation, blurred vision, or any side effect that could potentially impair your driving abilities. If you must take it right away, have a designated driver handy.

Those who have been arrested in Maine for OUI should contact a professional attorney specializing in OUI laws as soon as possible. The window of opportunity to build a successful defense and protect your rights is small, and once it closes it is often closed forever. Do not wait until you begin to lose your rights before contacting someone who can help.

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

Tags: alcohol blood alcohol content drugs Maine operating under the influence professional attorney

Maine DWI Facts

March 12th, 2010

In the state of Maine, there are very strict laws regarding motorists, and their safety, including stiff penalties for breaking those laws and regulations. These rules are not designed to punish people for drinking, but instead to discourage them from making the risky decision to drive while intoxicated. This can be a tragic decision that not only affects you, but your family, and many innocents as well.

Start by considering your driving privileges. You will automatically lose your license when you are arrested for DWI, driving while intoxicated, and have only ten days to request a hearing from the date of that suspension. You may request a work restricted license for first offense DUIs only. In total, you could lose your license for a minimum of 90 days, even with no prior DWI history.

Aggravating factors can play a big role in your case, as well. If you refused to take a sobriety test, like a blood, urine, or breathalyzer test, were driving more than the posted speed limit by a significant amount, had passengers under the age of twenty-one, or had an extremely elevated BAC, blood alcohol content, your penalties could be much worse. These factors indicated that you were taking a much bigger risk, and therefore earn much stricter penalties.

A DWI stays on your record for at least ten years in Maine. If you have another one during that period, especially if aggravating factors are present, the penalties escalate. For those driving while intoxicated and under the legal drinking age, your driving privileges may be lost for a much longer period of time. Adding aggravating factors only lengthens this time, and could add jail time or monetary fines as well.

Of course, you may not wreck while driving intoxicated. Even if you don’t cause an accident or injury, law enforcement could see erratic driving and still pull you over. They can still choose to arrest you too, even without any evidence of an illegal BAC level. This depends on whether you were driving safely, or erratically. It all depends on you, and the decisions that you make when you are drinking, or before you drink, such as having a designated driver ready when you are ready to go home.

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Tags: blood alcohol content designated driver driving privileges DWI motorists laws restricted license strict penalties

Maine OUI Laws – Part 2

March 9th, 2010

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.

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Tags: aggravating circumstance breathalyzer legal limit Maine OUI laws sentencing phase sobriety test

Maine OUI Laws – Part 1

March 3rd, 2010

Maine OUI Laws Part 1

Most states have distinctive laws that break down how certain actions will or will not be accepted, and how each will be penalized according to state law if you are found guilty. Operating under the influence of drugs or alcohol (OUI) is harshly punished in this state. There are a few laws that talk about what will happen to anyone who is found guilty the first time and every time after that.

Some people want to believe that the first time should be no big deal, and therefore should not be too harshly punished. This is wrong thinking, and if the first time is not punished, it likely will not be the last for most people. Since Maine believes in strict penalties from the first time on, it is important to know what you are facing even for a first offense. It is vital to get in touch with an attorney who understands Maine OUI laws from the time you are arrested, or as early as possible, to take advantage of every opportunity to protect your rights.

For the first offense, do not be surprised if you see a $500 fine, minimum three-month suspension, and maybe even jail, depending on whether there are aggravating factors. Most of these are state-minimum penalties, and more can be added based on your individual case, damage/injuries, criminal history, and the judge in your case.

There are separate laws that govern a second offense; within ten years since the first. You will have a minimum mandatory 7 day jail term, three year loss of driving privileges, $700 fine, and the potential for having an IID (ignition interlock device) if you get even restricted driving privileges after nine months.

Three OUIs in a ten year period means you will be charged with a felony and minimum penalties include 30 days in jail, $1,100 fine, loss of driver’s license for six years, and the potential for an IID after at least three years have passed. These are minimum penalties, and more can be added based on aggravating circumstances. The more damage and/or injury involved, the harsher the penalty will become for most drivers.

Finally, four OUI penalties within a ten-year period are a very serious crime in the state of Maine. Minimum penalties include six montys in jail, $2,100 fine, six year license suspension with no right to petition for even restricted driving privileges, and an IID becomes a requirement when the driver’s licensed is restored.

Finally, it is important to note that the license suspensions may not start until you are convicted. Your license will likely go under suspension prior to your appearance in court. An aggravated OUI results in hefty fines, jail time, and other penalties, apart from the OUI itself. Serious injuries, fatalities, refusing a sobriety test, evading law enforcement, having minors in the vehicle, and extremely elevated BAC are a few examples of aggravating circumstances.

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Tags: first offense license suspensions operating under the influence OUI laws second offense

Maine OUI Laws - Part 1