Articles Posted in DUI

How to Get Out of an OUI in Maine: Webb Law

Published on: May 20, 2023 | by Webb Law Firm

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

Webb Law Firm attorneys Nicole S. Williamson, Vincent S. LoConte, John S. Webb, and Bailey Lemieux

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.

Lawyers in Portland & Saco ME: Criminal Law Attorneys

Published on: May 16, 2023 | by Webb Law Firm

OUI Lawyer John Webb serves Saco and Portland Maine.
Seeking a criminal defense attorney Maine? Similarly, if you need an OUI lawyer 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.

Maine LD 1491 DUI Drugs Law

Published on: May 2, 2023 | by Webb Law Firm

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:

Should You Refuse a Breathalyzer Test in Maine? What Happens If You Do

Published on: April 30, 2023 | by Webb Law Firm

In Maine, you are not legally required to take a roadside breathalyzer test during an OUI stop – but refusing carries automatic consequences under Maine’s implied consent law. If an officer asks you to blow into a breath testing device, you face a critical decision that could shape the outcome of your entire case. This article explains what happens when you refuse a breathalyzer test in Maine, the license suspension penalties you face, and whether refusal is a smart legal strategy. In our experience handling OUI cases across southern Maine courts, the right choice depends on your specific circumstances – and understanding Maine law before you are pulled over gives you a real advantage.

Webb Law Firm attorneys Nicole S. Williamson, Vincent S. LoConte, John S. Webb, and Bailey Lemieux

What Is a Breathalyzer Test During a Maine OUI Stop?

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.

What to Say When Stopped By Maine Police for OUI

Published on: April 21, 2023 | by Webb Law Firm

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

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.

Are Fireworks Legal in Maine?

Published on: April 19, 2023 | by Webb Law Firm

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

Under Maine law (Title 8, Chapter 9-A), consumer fireworks are legal to buy, possess and use if you are 21 or older. Consumer fireworks are products that have been tested and certified as meeting U.S. Consumer Product Safety Commission standards. Your town may ban or restrict their sale or use, so check your town’s rules before you buy or light any fireworks. Where they are allowed, you may use consumer fireworks between 9:00 a.m. and 10:00 p.m. On July 4th, December 31st and the weekends right before and after those dates, the hours run until 12:30 a.m. the next day. You may use them only on your own property or on property where the owner has agreed.

Other fireworks are still illegal to possess without a state display permit. If their value is more than $100, possession is a Class E crime with a fine of up to $1,000 and up to 6 months in jail. If the value is $100 or less, it is a civil violation with a fine of up to $50. The ban does not cover small paper or plastic caps for toy guns or sparklers made without certain chemicals.

Are Roadblocks Legal? DUI Checkpoints in Maine

Published on: March 29, 2023 | by Webb Law Firm

Maine OUI lawyer John Webb in Portland and Saco, ME explains why DUI roadblocks must follow certain guidelines in order to be legal.
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 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.

How Much Does an Ignition Interlock Device Cost in Maine?

Published on: February 2, 2023 | by Webb Law Firm

What Does an Ignition Interlock Device Cost in Maine?

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 who choose an interlock pay between $380 and $600 total.

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. An OUI conviction in Maine does not come with a court-ordered IID. Installing one is a choice that can get your license back early under Maine’s 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 Meaning: What Does OUI Mean in Maine?

Published on: January 10, 2023 | by Webb Law Firm

Four professional business people in formal attire posing together against a brick wall with green ivy backdrop.

What Does OUI Stand For?

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.

OUI vs. DUI: What Is the Difference?

The COVID-19 Pandemic Has Led to More Drugged Drivers

Published on: February 26, 2021 | by Webb Law Firm

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.