Posts Tagged ‘alcohol’

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.

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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