Southern Maine Criminal Lawyer Blog

OUI Meaning: What Does OUI Mean in the State of Maine?

Published on: May 4, 2022 | by Webb Law Firm

John Scott Webb is a highly reviewed OUI lawyer in Southern Maine who wants to help you minimize the conviction penalties for driving under the influence. His Saco ME and Portland ME law firm helps hundreds of clients get through this legal nightmare.
In Maine, if a person is driving a motor vehicle and has a blood alcohol concentration (BAC level) of 0.8% or more, they are arrested and charged with a criminal offense known as OUI (operating under the influence). In other states, this type of driving offense is called driving under the influence, or DUI. A lot of our law firm clients ask us if they are accused of a felony or misdemeanor crime. The answer depends on the circumstances of your criminal case. For example, if this is your first OUI and no one was injured, you likely will be charged with a misdemeanor.

On the other hand, if you have prior OUI convictions within a certain number of years, or your impairment caused injuries or even death, then felony charges will be brought against you. This is complicated legal work that an experienced drunk driving lawyer near me in Portland, Maine can more easily handle.

If you’re accused of OUI and eventually convicted, you can lose the right to drive in the state of Maine for months or even years. But if you contact us within 30 days of your arrest we can work to get you a hardship license if you file an administrative license suspension appeal. Call today to make an initial free consultation appointment with our Portland, Maine traffic ticket lawyers so you can keep driving legally.

Lawyers in Portland, Maine & Saco ME: Criminal Law Attorneys

Published on: February 16, 2022 | by Webb Law Firm

Seeking a criminal defense attorney Maine? Similarly, if you need an OUI lawyer near me or a sex crimes attorney, the Webb Law Firm has your legal warrior ready and available at a law office location nearby. The COVID Pandemic has led to a large increase in domestic violence cases nationwide, and Maine is no exception to the higher incidence reports.

Our litigation team (John Webb and Vincent LoConte) wants you to feel comfortable bringing ANY criminal law, juvenile law, administrative law or driver license suspension law or revocation case to our legal offices in Southern Maine. A few years ago, because the crime rate in Portland was 10-fold that rate in Saco, ME, we opened our Portland, ME additional office.

Our many legal professional criminal defense team competencies include saving driving privileges, and helping you settle related personal injury claims if you caused injury to others. Plus, our advanced DUI-DWI classes in forensic science, such as NHTSA field sobriety test instruction helps us in fighting an OUI in Maine.

Maine OUI License Suspensions vs Ignition Interlock Device

Published on: May 27, 2021 | by Webb Law Firm

By Southern Maine OUI Super Lawyer John S. Webb – ME Criminal Defense Attorney Near Me

Maine OUI Lawyer John Scott Webb
One of the most debilitating OUI penalties is a driver’s license suspension. This means you are banned from legally driving for a certain number of days, months, or years. Since 2009 the license suspensions for repeat DUIs has gotten longer – a lot longer.

How Long Is a License Suspended For One OUI, 2 OUIs, 3 OUIs, or 4 OUIs?

DUI Parked Car in Maine – OUI With Engine Off

Published on: April 23, 2021 | by Webb Law Firm

By: Southern Maine OUI Lawyer John Scott Webb, Martindale Hubbell Distinguished and Super Lawyer

John Scott Webb Awards

In Maine you can be charged with DUI even when you are not driving. Every state has a law that says it is illegal to drive under the influence or operate under the influence (OUI). What many people do not realize is that most states have some variation of this law that allows police to charge you even when you are not actually driving (DUI parked car).

Depending on the state, a person can often be charged with attempting to drive or operate or being in actual physical control of a vehicle while under the influence. Usually the penalties are the same as for driving under the influence.

What to Do When Stopped By Maine Police for OUI

Published on: April 21, 2021 | by Webb Law Firm

By Portland ME OUI Attorney John S. Webb, Super Lawyer and AVVO Superb Rated Lawyer Near Me

Portland ME OUI Lawyer John Scott Webb
Everyone knows someone who has gotten an OUI in Maine or maybe a DUI in an adjoining state. And if you don’t know of anyone, a friend of a friend likely has. But being arrested for OUI is nowhere close to being found guilty and being convicted of operating (a motor vehicle) under the influence of alcohol or drugs in Portland, ME or Saco, Maine.

What makes the difference between getting arrested for misdemeanor OUI, and eventually being convicted in a court of law? The usual answer is the person who said the least to the investigating officer after being stopped, and who didn’t talk to other people in the holding cell, will usually have a more favorable case outcome. All you have to give the officer is your name and address, and your driver’s license and insurance card.

Are Fireworks Legal in Maine? Criminal Attorney John Webb Answers

Published on: April 19, 2021 | by Webb Law Firm

Maine Attorney John S. Webb
By Criminal Defense Lawyer Near Me John Webb Serving Portland ME and Saco, ME

As the 4th of July approaches, many revelers will be gearing up to celebrate our nation’s independence with a big family get together, a little backyard grilling, and maybe a game of all-American baseball or two – if Covid 19 restrictions are loosened in Maine and elsewhere. But there is a more immediate danger – the misuse of dangerous fireworks in the hands of inexperienced people, and possibly intoxicated people. Thus, it’s best to stay away from other people lighting dangerous fireworks and only watch from a safe distance.

Under Maine Title 9-A, the possession, transportation or storage of fireworks other than sparklers, morning glories and paper or plastic caps without a permit can fetch up to $1000 in fines and a maximum of 6 months in jail, provided the value of the fireworks exceeds $100. If your intent is to sell, you can be fined amounts up to $20,000 and face a 10 year jail sentence (depending on the value of the fireworks). And setting off loud fireworks is one surefire way to attract the unwanted attention of a local police station near me.

OUI Roadblocks In Maine: Know Your Rights

Published on: April 12, 2021 | by Webb Law Firm

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By: Webb Law Maine Intern Ronahn Clarke

OUI roadblocks are checkpoints near me where police officers stop every vehicle—or a certain number of vehicles at random—to search for intoxicated drivers. These DUI roadblocks appear more frequently around holidays, when driving under the influence is more common.

This legal article explores a driver’s right to not pass through the police checkpoint. So long as no traffic crime is committed, a citizen can opt to not wait for the line of drivers to be checked and depart in the opposite direction.

The COVID-19 Pandemic Has Led to More Drugged Drivers

Published on: February 26, 2021 | by Webb Law Firm

The year 2020 was one that several generations of Americans will never forget. High stress, bereavement, domestic togetherness and spending more time at our homes that ever before has contributed to more family violence crimes, motor vehicle accidents and driving under the influence.

Sales of alcohol, drugs and CBD products escalated. Depression, stress, and the desire to calm down led many to imbibe and to use prescribed medication or other sources of relief to get through the past year.

Research shows that the number of OUI-DUI-DWI cases involving drug use across America has increased. In addition, two recent US Supreme Court cases, Missouri v. McNeely in 2013 and Birchfield v. North Dakota in 2016 have clarified when and how blood extractions for implied consent purposes are proper.

Search and Seizure in Maine: Fighting Illegal Traffic Stops

Published on: January 27, 2021 | by Webb Law Firm

By Webb Law Firm, With Law Offices Near Me in Portland Maine and SaView postco ME

No other nation besides the United States has the Fourth Amendment protections that require a police officer to have information of a crime having been committed before “seizing” a person. When a driver is on the highway, the act of a government law officer seizing that person happens by signaling with emergency lights, using siren or even hand signals, to pull over.

Since the US Supreme Court clarified the issue in 1961, in Mapp v. Ohio, the federal constitutional rule applies to both state and federal officers. Many of the nation’s best criminal cases have been appeals from DUI-OUI arrests made after an officer acted on a hunch, and did not have reasonable suspicion.

Are Traffic Tickets Fair?

Published on: June 29, 2020 | by Webb Law Firm

IMG_1832x-286x300 In Maine, your income makes no difference in how much your ticket will cost. The fine scale is predetermined and applies evenly to everyone, which seems reasonable. But is it really fair? That all depends on who you are and how much money you make. For some, a speeding ticket could be devastating and for others, it could be nothing more than a slight annoyance.

Lets say that you are driving on the interstate with a speed limit of 60MPH and you get a ticket for going 75MPH. The cost for this tickets will likely be around $200. According to datausa.io, the median household income in Maine is around $55,000 a year. That means that this ticket would be 4.36% of your household income for the month. This would perhaps be a difficult hit, but at the end of the day, would not be the end of the world. It would probably be a good incentive to be more careful and to drive slower in the future. This is exactly the hope of the law makers who set the fee scale for the ticket.

But now lets say that the NFL commissioner gets the same $200 ticket while he is at vacation house in Maine. His income, according to USA Today, is around $40,000,000 a year. That would mean the same ticket would be 0.006% of his monthly income. That type of punishment would be the equivalent of the person making $55,000 a year getting a ticket for around 28 Cents. Is there really any incentive there to follow the speed limit? There are other penalties such as possible license suspension that come with enough points on your license. But if your income is high enough, paying a driver a full time salary would be a realistic option. That is obviously not an alternative for the average Mainer.