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By: Nicole S. Williamson, Criminal Defense Attorney With Webb Law Maine 

Saco Maine Criminal Defense Lawyer Nicole Williamson defends against OUI charges in Saco and Portland. For most of her clients this is a first DUI.
In this aticle, the abbreviations “D.U.I.” and O.U.I.” are used interchangeably. The reason for that is DUI is the most widely used acronym for the crime of drunk driving, but the Maine Legislature named our driving under the influence law “operating” under the influence, which is the OUI meaning. The DUI meaning is “driving under the influence.” 

The OUI legal consequences can be increased by certain behavior or circumstances associated with this specific arrest, which can cause an aggravated OUI Maine. Far too many attorneys in Maine don’t know how to successfully fight a first time DUI offense in Maine.  

By: Vincent LoConte, Criminal Defense Attorney With Webb Law Maine 

Portland ME DUI attorney Vincent LoConte represents local citizens and people who are visiting The Pine Tree State. If you were arrested for operating under the influence you need a good lawyer who can idemtify inconsistencies in police procedures, imc;uding was the traffic stop legal.
 Like all other states, many types of driver license suspension statutes exist under Maine Laws. The Pine Tree State sets apart higher punishment and extensions of suspensions or revocations, if the driver caught driving while suspended was doing this in violation of a conviction of an OUI in Maine.  

Penalties under Maine Revised Statutes 29A-Section 2412-A are ramped up dramatically for a 2nd DUS (driving under suspension) or 3rd DUS. This article reviews most of the important Maine statutes OUI, for those facing prosecution in Maine. 

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The State of Maine updated its laws is a new way to classify crimes. Instead of just misdemeanors and felonies, there are now five different classes of crimes in the Pine Tree State. In most places, criminal offenses are classified as either felonies or misdemeanors. But in Maine, the State uses a different structure of criminal punishment.

Our state’s criminal offenses are divided into five classes: A, B, C, D, and E.

Each class of crime has its own maximum punishment. Class A crimes bring the most severe punishments. For example, A, B, and C crimes are felony offenses, with C class crimes being the least punitive of the felony classification crimes. Crime classes D and E are misdemeanor crimes, with potential jail sentences capped at 364 days. This means there are more options for a wide variety of punishments. It’s important to know which class your charges fall into and what penalties you could face. An example would be an arrest for possession of marijuana which is a serious criminal charge that one of our Saco and Portland criminal lawyers can handle for you. Or you may be facing an operating under the influence of alcohol charge (OUI-Alcohol) even if you blew under a 0.08 on the breathalyzer machine.

Maine criminal lawyer John Webb explains what makes a traffic stop legal in Portland and Saco Maine.
By Webb Law Firm, With Law Offices Near Me in Portland Maine and Saco 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 lawyers near me made after an officer acted on a hunch, and did not have reasonable suspicion.

Maine Marijuana lawyer John Webb explains Maine Marijuana laws including possession and distribution. Saco and Portland Maine.

Is Marijuana Legal Under Federal Law?

Marijuana is currently illegal under federal law. Federal law divides each drug into a “schedule” classification according to its properties. Schedule I drugs include almost all illegal drugs, while Schedule V drugs are the least addicting, such as some cough medicines. Schedule I drugs carry the most severe punishments under federal law.

Despite numerous states’ laws permitting marijuana use, the federal government currently classifies marijuana as a Schedule I controlled substance. In other words, the federal government views marijuana to be a drug with a high potential for abuse and a lack of medical value. Meaning, under federal law, the use of marijuana is illegal for any reason including medicinal.

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By Maine OUI Lawyer John Scott Webb Serving Saco and Portland ME

Maine criminal defense lawyer John Webb explains how marijuana has become legal but only in certain situations.
OUI roadblocks near me are sobriety checkpoints 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.

Maine OUI lawyers John Webb, Vincent LoConte, and Nicole Williamson explain what happens if you blow under the legal BAC limit after being pulled over.
In Maine, many think that if your breathalyzer test comes back under .08, then you have passed the DUI test and are free to go. This is not usually the case. This is because the law in Maine states that at the time of operation, a person had a breath or blood alcohol concentration of .08 or more or, were under the influence of intoxicants.

You Can Still Be Charged With DUI and Arrested With a BAC Under .08

To be under the influence in Maine is to have your mental or physical faculties impaired however slightly or to any extent by intoxicants. This means that if you blow a .07 and the officer thinks that you are impaired slightly, you can be charged with an OUI. Not having the .08 breath test to fall back on makes the case much harder to prove for the State, but they can still use the officer’s observations to try to prove that you were impaired while operating. Book a free consultation with a DUI lawyer near me.

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Maine criminal defense lawyer John Webb explains how marijuana has become legal in Maine but only in certain situations. He covers weed laws in Maine 2024.
Is marijuana legal in Maine? The short answer is yes, but not for everybody, and “quantities are limited.”

The excitement over Maine weed legalization (in LD 1719) a few years ago has left several gaping traps for the unwary in recreational marijuana use. Cannabis possession in Maine is limited, and making an error will result in criminal charges.

Plus, possession is legal for “some adults.” Our criminal law firm can provide a marijuana attorney near me in all of the southern counties in Maine, as shown on the map below.

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Portland and Saco Maine Underage Alcohol and Fake ID Lawyers
As summer officially begins, many young adults will find themselves home for the summer or preparing to leave for college for the first time. Of course, college is a place where freedom abounds and, often, this new-found freedom results in an urge to party. This naturally leads some kids to be tempted to purchase alcohol, in order to liven up their nightlife. While for the older collegiate this may be perfectly acceptable, trouble arises when underage students use all too prevalent and easily computer-generated fake IDs.

Maine Fake ID and Underage Possession Penalties

Although most that do so are vaguely aware of some level of risk associated with the presentation of false identification, few realize the serious civil violations that could be facing them should they be discovered. Maine Title 28-A § 2051 stipulates that possessing a fake ID can, as a minor, net you a $200 to $400 fine for a first offense, $300 to $600 for a second, and a guaranteed $600 for the third. In fact, providing any false written or oral evidence (even without having a fake ID) in an attempt to either purchase alcohol as a minor or enter an establishment where minors are forbidden (e.g. a club) can cause you to face the same fines as if you did have a fake I.D., plus (at the judge’s discretion) possible community service.

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OUI Lawyer John Webb serves Saco and Portland Maine.
Since July of 2004, more than 75,000 ignition interlock devices or car breathalyzers have been installed in vehicles. These were installed as a result of the Transportation Restoration Act, passed in 1998. Under Maine statute 29-A §2508 a person convicted of a second or subsequent OUI offense may petition for early license reinstatement if they agree to install an approved ignition interlock device in their vehicle and have satisfied all other conditions for license reinstatement as required by the Secretary of State.

An ignition interlock IID is a sophisticated system that tests for alcohol on a driver’s breath. It is a device that requires a driver to blow into a small handheld alcohol sensor unit that is attached to a vehicle’s dashboard. In Maine the car cannot be started if a BAC of .025% or higher is detected.

The system not only requires a test to start the engine, but also requires a test every few minutes while driving. Termed the “rolling or running retest,” it prevents a friend from starting the car and then allowing an impaired driver from taking over the wheel. It also prevents the operator from drinking while driving.

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