Posts Tagged ‘operating under the influence’

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

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.

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Posted in Maine OUI, drunk driving

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

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

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

General OUI FAQ

May 21st, 2010

Does everyone receive the same basic treatment when it comes to arrest, booking, arraignment, and sentencing for an operating under the influence of drugs/alcohol charge in Maine?

Yes, to a certain degree. While the courts do work hard to ensure that each offender is treated the same, there will always seem to be those who receive deferential treatment for whatever reason. For the most part, though, each defendant is treated pretty much the same throughout the trial process.

The only major difference involves those who are first-time offenders versus repeat or subsequent offenders. The more offenses of any kind that you have on your criminal record, the more severely your crime may be punished. This does not only apply to the state of Maine or Maine offenses, but most states and offenses throughout the nation, depending on the person and type of offense, date, and much more.

Will I have to stand before a judge if I’m arrested for OUI, or can I pay a fine and be released?

An OUI charge is very serious and it is unlikely that the DA will be looking to cut you a break at arraignment. If your attorney is able to negotiate your freedom, you may be able to be released on bond, bail, or own recognizance, depending on a variety of factors. In some cases, your attorney may be able to achieve having all charges being dropped, also depending on many unique factors, including evidence.

Can I keep my driver’s license if I’m convicted of OUI?

In most cases, you are not likely to be granted driving privileges until the minimum loss of privilege time has expired or you have served 2/3rds of your suspension and fulfilled all other reinstatement requirements, including completion of the DEEP course.

The length of time that you are without driving rights varies, but there are state minimums that apply, depending on how many OUI offenses you have in the last ten years. Those offenses in other states (such as having a DUI in New Hampshire before moving to Maine two years ago) could count when the judge looks at your case to determine whether it is considered your first OUI offense.

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Posted in Maine OUI, drunk driving

Tags: charge in Maine driving privileges first time offender operating under the influence OUI offense

SR-22 Car Insurance Rates

April 20th, 2010

There are dozens of potential consequences for an OUI charge in the state of Maine, like most other states within the United States. Operating under the influence of drugs or alcohol is a very serious offense, mostly due to the fact that it can cost so much in pain, suffering, death, and property damage if law enforcement officer’s worst fears are realized. Although most people think about loss of driving privileges, jail time, and even monetary fines, your car insurance may also be affected by an OUI.

When you are finally permitted to have your driving privileges restored, you will likely need to have an SR-22, or Proof of Insurance Certificate, stating that you have auto insurance from a valid company. This type of insurance certificate is often somewhat costly, and the rates are significantly higher than for standard car insurance for a young person of the same age and with the same vehicle. That said, there are catches to this type of insurance.

First and foremost, a lot of companies will not offer SR-22 coverage. They are expensive, and risky for the insurance provider. They technically mean that you are a risk-taking driver, and that the probability of an accident is higher for you than for someone who does not have an OUI. For that reason, it can be tricky just to find someone who will offer the company.

Second, some insurance companies have the right to just drop you from their coverage when the OUI is discovered, due to the high level of risk they take in insuring you. While this is not likely, it is still as much a possibility as is the OUI not being discovered. Do not count on this, and if you do get caught without the SR-22 but with an OUI on your record, you could get in serious trouble with your insurance provider.

Finally, remember that an OUI can stay on your record for a very long time, depending on how many offenses of that nature that you have. First offenses may stay on your record for as long as five years after the conviction, whereas subsequent offenses could last for the rest of your life.

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Posted in Maine OUI, OUI Convictions & Penalties

Tags: first offense insurance company operating under the influence proof of insurance certificate risk-taking driver SR-22

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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Posted in OUI/DUI Laws in Maine

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

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