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:
A breathalyzer test is when a person breathes into a handheld device that measures their BAC. Police officers use them to check if a person is drink driving. Some people also keep them in their cars to check their own BAC levels as a safety precaution.
While a test may enable an officer to make a DUI arrest, these results aren’t admissible in court. This is one of the key reasons that many lawyers for DUI near me spend a lot of time challenging how reliable the breathalyzer results are.
By Portland ME OUI Attorney John S. Webb, Super Lawyer and AVVO Superb Rated Lawyer Near Me
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.
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:
Ten years ago the Maine Legislature changed the driver’s license suspension penalties for an OUI offense, which directly impacts a person’s continued driving privileges. These changes went into effect December 1, 2013. They affect only those OUIs that occurred after midnight on November 30, 2013.
Some of the changes affect only a few people. The length of suspension for some repeat offenders increased. Also, some repeat offenders will get their licenses back sooner if they install an Ignition Interlock Device, or DUI interlock. This device acts as a car breathalyzer because a person has to blow into the IID to check their blood alcohol content (BAC) level before the car will start. Its inventors were looking for a way to automatically stop drunk driving.
These changes only affect a few people because these repeat offenders make up a very small percentage of the people who are charged with operating under the influence.
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, understand that if you have prior OUI convictions in any state 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 DUI lawyer near me in Portland, Maine can handle more easily.
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.
Do Police Have to Read You Your Rights?
Police have an obligation to read you your Miranda warnings before conducting a custodial interrogation. An interrogation means that the questions are designed to elicit an incriminating response. Meaning, routine questions such as what your name is, your address, and your date of birth are not considered to be interrogative. However, arrests can occur without a reading of Miranda as long as no incriminating questions are being asked of you. But, if police choose to interrogate you at any time after arresting you, your rights must be read to you before any questioning occurs.
In addition to being interrogated, you also must be in police custody in order for the Miranda laws to apply. Custody means that your freedom of action must be deprived in some way. Maine courts have traditionally held that an interrogation is custodial if a reasonable person in your shoes would have felt that he or she was not at liberty to end the interrogation and leave. Being in custody may mean that you are in handcuffs, in a police cruiser, at the police station, or other similar scenarios where you are not free to leave at your own will. But ultimately, there are many factors that are considered by courts in determining whether you were truly in police custody, which is why consulting with an attorney can be important.
After getting an OUI/DUI in Maine, there are often lots of questions that may come into your mind. Most of them have answers that can be found as you search for legal services. One question that cannot be answered online is how much does a Maine OUI cost?
Specifically, how much are court fines, OUI school, attorney’s fees, and license reinstatement fees? How much is an ignition interlock device installed on my car? What if I lose my job? What if an OUI on my record keeps me from getting a new job?
Let’s break down these expenses one by one:
By: Attorney Vincent S. LoConte
What is the question?
Often in a traffic stop when an officer suspects impairment, they will ask the question “on a scale of 1 to 10, 1 being sober and 10 being pass out drunk, how would you rate yourself”. Seems like a straight forward question, but is it really fair, and is there a right and wrong answer?
Southern Maine Criminal Lawyer Blog