Posts Tagged ‘OUI laws’

Important Questions For Your OUI Attorney

July 26th, 2010

Sometimes the earliest meetings with your attorney are the most critical, regardless of what type of case you are dealing with, and any operating under the influence, OUI, charge is no different. You need the help of a reliable and experienced OUI attorney, and this knowledge can make all the difference in your case. Here are a few of the most important questions that you can ask your OUI attorney, in no particular order:

How much experience do you have dealing with OUI cases?

The answer to this question is critical, because more experience means more in-depth and comprehensive knowledge of state OUI laws and statutes. Experience gives the attorney more ways to deal with the charge, from defense strategies to sentencing options. It also gives them more bargaining power during the sentencing phase, since so few OUI cases actually go to trial.

Are you certified for OUI cases?

Not just any attorney can take on an OUI case successfully; it takes a comprehensive knowledge of state law in order to defend against these types of charges. Your OUI attorney should be an OUI specialist, much like you would see an ear, nose, and throat specialist when you have ear problems and a heart doctor with heart problems. Just as you would not see a dentist for a stomach problem, make sure that your attorney is ready and able to handle OUI cases.

What are my potential outcomes, in your opinion?

Find out early what your attorney thinks you can expect, and what you can do to achieve the best possible outcome in your individual situation. Your circumstances may dictate that he/she do something totally different from another OUI case, depending on a variety of factors. Taking a proactive approach by getting involved in your own defense could really be a benefit to both your attorney and yourself.

How should I handle myself?

This final question should be obeyed without fail. If your attorney says to keep quiet and do not talk, then keep quiet until told otherwise regarding the case. Giving up the right to remain silent is an irrevocable step, because once waived, it cannot be taken back.

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Posted in DUI Attorney, Maine OUI

Tags: individual situation OUI attorney OUI laws right to remain silent statutes

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.

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Posted in DUI Attorney

Tags: attorney bar exam law school Maine OUI laws

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