Articles Posted in DUI

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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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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By: Portland Maine OUI Attorney Vincent LoConte, With Webb Law Maine Law Firm

John Webb is widely regarded as the best OUI lawyer in Maine. He lives closer to the Saco, Maine office, and he covers a great number of intoxicated driving cases near the New Hampshire border. Attorney Webb also has 3 other criminal defense lawyers near me.
Maine OUI laws for drunk driving or drugged driving are very tough criminal charges. OUI arrests in Maine are a nightly event, but fewer are made in the deepest of winter just due to less traffic.

Who needs to know this information about a ME OUI? Anyone who operates a motor vehicle (boat, car, truck, motorcycle, jet ski, SUV, 18-wheeler) is subject to Maine OUI laws. Our OUI attorneys in Maine take phone calls all night, and on weekends to help those facing DUI offenses.

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OUI Lawyer John Webb serves Saco and Portland Maine.
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 led to a large increase in domestic violence restraining order cases nationwide, and Maine is no exception to the higher incidence reports.

Our litigation team (John Webb, Vincent LoConte, and Nicole Williamson) 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 avoiding DUI penalties like a suspended driver’s license, 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.

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Maine DUI Drugs lawyer John Webb explains why some urine tests cannot properly determine a driver's current level of impairment.
I thought I had seen about everything in the Maine DUI law area.  Then the Maine prosecutors decided to try change the law about drugs and driving.  Right now the LD 1491 is up in front of the state legislature and they are considering it.  Listen to this.

Here is what the new ME OUI law says:

The Bureau of Motor Vehicles can take your driver’s license:

Maine OUI lawyers John Webb, Vincent LoConte, and Nicole Williamson are ready to defend you in all Southern Maine courts.

In the United States every day almost 30 people die from a car accident that involves some form of drunk driving. That’s almost 30% of all traffic deaths in the country.

Not only this, but alcohol-related crashes cost more than $44 billion each year.

Luckily there are various ways today to prevent these deaths – one of which is through the use of a breathalyzer test. One type of OUI breath test is used by your arresting officer when you are first pulled over. Then there is the official breath test machine used by police after your arrest. Finally the car breathalyzer or ignition inteerlock is a device installed on your vehicle that you blow into to be able to start the engine.

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

Saco and Portland Maine OUI lawyer John Webb can help you avoid a DUI conviction. Remain as silent as possible after getting pulled over.
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.

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John Scott Webb Awards
By Criminal Defense Lawyer Near Me John Webb Serving Portland ME and Saco, ME

Under Maine Law 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 court fines and a maximum of 6 months in jail, provided the value of the fireworks exceeds $100.

The following products are illegal to sell, use or possess in Maine:

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