Articles Posted in operation and DUI

You can be charged with DUI even when you are not driving. Every state has a law that says it is illegal to drive under the influence.  What many people do not realize is that most states have some variation of this law that allows police to charge you even when you are not actually driving (DUI parked car).

Depending on the state, a person can often be charged with attempting to drive or operate or being in actual physical control of a vehicle while under the influence.  Usually the penalties are the same as for driving under the influence.

Attempting to operate usually means someone is trying to drive the car. In Maine, “operating” means putting power to the wheels and moving the car.  Attempting to operate means trying to do that.  Trying to operate includes taking a substantial step toward operating.

If you get a DUI it is very important that you get a good DUI lawyer right away.  If you wait, the chances of losing the case and losing your license get much, much worse.  You may lose the chance to fight your license suspension if you wait too long.  Equally as bad, critical evidence may be destroyed – that’s evidence you need to win.

Most states have a procedure that suspends your license for DUI or refusing a test BEFORE your court date.  In some states the police take your license when they arrest you.  In other states the Motor Vehicles department gets notice from the police about the DUI.  Motor Vehicles then sends you notice of suspension that your license will be suspended soon.  You have a right to fight this suspension, no matter which way they do it.  But that right requires you to tell Motor Vehicles you want to fight it.  The time to let them know is limited.  In my state, Maine, you have ten days from the date of suspension to challenge the suspension.  If you don’t file your challenge within those ten days, you can never challenge it.

Evidence you need to win your case may be lost if you don’t take steps to save it.  Police video cameras record to hard drives.  After a couple of weeks many of those hard drives start to record over the old recordings.  Unless you put the police on notice that you want the video saved, you may LOSE IT FOREVER.  That video may be the only evidence you have to prove the cop wrong.  If there is no video it is your word against the cop’s word.  Who do you think they will believe?

I thought I had seen about everything in the 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 law says:

The Bureau of Motor Vehicles can take your license: