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:
When people say “breathalyzer,” they usually mean any breath test used during an OUI stop. Under Maine law, two very different instruments exist – and the distinction matters.
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:
A decade ago I commented that roadblocks are a very poor way to catch DUI drivers. Police can stop a thousand citizens at a roadblock near me without catching a single impaired driver. This wastes taxpayer money, and is an infringement on our rights as citizens.
Proof of that comes from California. A DUI checkpoint was set up on the corner of Collier Avenue and Riverside Drive in Lake Elsinore, California.
Police claimed that this sobriety roadblock location was selected due to being a high DUI area. Cops stopped 1,358 vehicles and questioned the people in them.
The average cost of an ignition interlock device in Maine is $80 for installation, $65 per month for rental, and $40 for removal. Most first-offense OUI drivers pay between $445 and $600 total for their interlock requirement.
An ignition interlock device – often called an IID or car breathalyzer – requires you to blow into a mouthpiece before your vehicle will start. If the device detects alcohol on your breath, the car will not start. Maine courts require IID installation after an OUI conviction under ignition interlock requirements. Your total cost depends on which provider you choose. It also depends on how long you must keep the device. You may qualify for income-based financial assistance.
OUI stands for Operating Under the Influence. It is the legal term Maine uses for what most other states call DUI (Driving Under the Influence) or DWI (Driving While Intoxicated), so the law defines OUI’s legal meaning similarly. Under Maine law, a person commits OUI when they operate or attempt to operate a motor vehicle while under the influence of intoxicants or with a blood alcohol concentration (BAC) of 0.08% or higher.
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:
Southern Maine Criminal Lawyer Blog