Articles Posted in OUI Law

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

Portland ME OUI Lawyer John Scott Webb
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 Intern Nicole Williamson, UMaine Law

Maine OUI Police Car
It’s that time of year again, and alcohol plays as big a part in the festivities of this season as always. But before you get boozy celebrating you should make sure you have a designated driver or alternative travel plans. Every year, Maine OUI lawyers near me sees an uptick in drunk driving arrests during every holiday season, with Thanksgiving usually recording the highest number of OUI arrests in Saco and Portland, ME. And driving impaired while on drugs instead of alcohol has become more widespread than ever, especially OUI marijuana charges.

The best way to avoid an OUI is, of course, to avoid drinking or drugging and driving. Still, even folks who have the best intentions can get caught up in the holiday spirit and end up buzzed behind the wheel. The legal BAC limit for drivers over 21 years of age is 0.08%, so being buzzed is all it takes to land in jail.

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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.

Maine OUI Lawyer John Scott Webb

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:

Maine OUI Field Sobriety Tests

When you are stopped and the officer suspects impairment, they will utilize field sobriety tests to determine possible impairment due to alcohol or drugs. Your performance on these field sobriety tests is used by the officer to develop probable cause for arrest and as evidence in court.

Standardized Tests Versus Non-Standardized Tests

A wide variety of field sobriety tests exist and range in terms of reliability and weight if used in court. There are three standardized tests that are meant to be done identically by every officer to yield the most accurate results. There are also many more non-standardized tests that hold less evidentiary weight, but still can be used by an officer. The three standardized tests are Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand.

Saco ME OUI Lawyer John Scott Webb

By Saco ME OUI Lawyer John Scott Webb, Super Lawyer and Martindale-Hubbell Distinguished Criminal Attorney With Top Lawyer Ratings

Operating under the influence (OUI) in Maine is the same charge as a misdemeanor offense called “driving under the influence” or DUI in other states. A few states use the acronym “OWI” which means operating while intoxicated. If you are vacationing in Maine and get arrested for OUI, your home state’s motor vehicle department (DMV) will receive notice and you may face consequences back home.  Therefore it is wise to at least talk to an experienced OUI lawyer who has offered his legal services for over 20 years in Saco ME and Portland ME.

Being charged with an OUI means that you were driving or trying to operate a vehicle (that’s any motorized vehicle) while under the influence of drugs or alcohol.

By Saco ME and Portland ME OUI Super Lawyer John S. Webb With Over 25 Years of Courtroom Experience – Offering a Free Lawyer Consultation

Portland Maine Saco Criminal Lawyer John S. Webb
Under Maine Title 28-A, possession, consumption, or purchase of alcohol by a minor under 21 years old can cost up to $400 in fines (assuming it is a minor in possession first offense). Parents who allow minors in their control, or in a place under their control (main residence, beach house), to consume alcohol are facing a Class D crime, meaning that it is punishable by up to 364 days in jail and/or a fine of up to $2,000. If the minor is less than 18 years old, then there is a mandatory fine of not less than $1,000 (for a first offense).

If a minor is found illegally transporting alcohol, they can face a fine up to $500 as well as have their driver’s license suspended for 30 days (again, assuming a first offense). Lastly, a minor found to have any alcohol at all in their bloodstream while driving (OUI Under 21) can have their license suspended for a year if the minor is alone in the vehicle – or two and a half years if they have a passenger under 21 in the car. They can then face even harsher punitive action if they are a .08 BAC or above.

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