Posts Tagged ‘Maine’

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.

No comments »

Posted in Maine OUI, drunk driving

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

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.

No comments »

Posted in DUI Attorney

Tags: attorney bar exam law school Maine OUI laws

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.

No comments »

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 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!

No comments »

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.

No comments »

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

Tags: attorney DUI felony lawyer Maine trial victory

1st offense DUI. No big deal right?

October 19th, 2009

1st offense DUI penalties.

No big deal right? WRONG! Once you get that first DUI conviction, you have set the table for the nightmare scenario… a 2nd offense DUI. The best preventative medicine is to ensure you don’t get convicted in the first place.

Let’s talk about the penalties. The fine for a 1st offense DUI is $500… $700 on a 2nd offense DUI. No jail on an ordinary 1st offense DUI… 7 days jail on an ordinary 2nd offense DUI. 90 day loss of license on a 1st offense DUI conviction… 3 year loss of license on a 2nd offense DUI conviction. That’s right. I said a THREE YEAR suspension on a 2nd offense DUI.

The point of this article is to emphasize that you didn’t plan on getting tagged with a DUI the first time around and you won’t plan on it happening again for a 2nd offense. If you go the route of handling the case yourself or retaining the wrong lawyer, you will regret it if you find yourself on the DUI merry-go-round again.

Nip it in the bud and take care of the case now.  Call my office to speak with me about your case before you make a decision that could negatively impact your future.

No comments »

Posted in OUI Convictions & Penalties, drunk driving

Tags: 1st offense driver license DUI Maine OUI penalty suspension

Maine DUI & Diabetes

October 6th, 2009

If you are a diabetic and you were arrested for a DUI, you may have been wrongly charged.  Now, the key word is may.  Many different factors come into play for diabetics.  There are two states that a diabetic needs to be concerned about: hypo and hyperglycemic.  Hyperglycemia occurs when there are very high levels of glucose coursing through the blood.  This can lead to extreme thirst, constant urination, abdominal pain and if left untreated, eventually death.

We are mainly concerned with hypoglycemia in an OUI.  When alcohol is consumed in the absence of food or when too much alcohol is consumed, a hypoglycemic episode can occur.  Hypoglycemia is diabetic state where there is not enough glucose in the blood because alcohol will inhibit the production of glucose from the liver.  In addition, a hypoglycemic condition may easily be mistaken by a police officer as signs of intoxication as a person who is in a hypoglycemic state appears intoxicated.

Another serious side effect of the hypoglycemic state is the acetone produced on the breath that is quickly converted into ketones.  These ketones on the breath are totally indistinguishable from the alcohol on the breath from the lungs, which is the true measurement of a person’s blood alcohol content.  What happens is is that the Intoxilyzer cannot distinguish between ketones and alcohol so it lumps them together in one BAC calculation.  Therefore, you may be under the legal limit but the machine penalizes you for the ketones on your breath.  Since the police officer thought you were drunk in the first place, the BAC print out from the Intoxilyzer merely confirms his suspicions.  The result is a charge of DUI.  When that happens, you’re going to need a good lawyer to sort things out.  Pick up the phone and call my office if you are a diabetic who was charged with DUI, OUI or DWI in Maine or New Hampshire.

No comments »

Posted in drunk driving

Tags: defense diabetes drunk driving DUI Maine Portland