Articles Posted in DUI

Maine OUI Lawyer John Webb explains ignition interlock devices and how they are used to stop people from driving drunk. Serving 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 or 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.

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.

What Is a Breathalyzer Test During a Maine OUI Investigation?

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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A Maine operating under the influence conviction can lead to the installation of an Ignition Interlock Device. You must pass a breath test before your car will start.
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.

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All Maine OUI arrests mean an immediate DUI license suspension. Webb Law Firm Criminal Law Attorneys
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.

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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.

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