Articles Posted in OUI Law

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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.

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After getting an OUI/DUI in Maine, there is often lots of questions that may come into your mind.  Most of them have answers that can be found.  One that is much harder to track down is the costs and fees that come from an OUI in Maine.

Court Costs

A first offense OUI is a Class D crime, which has a maximum jail sentence of 364 days, and a maximum fine of $2,000.  The mandatory minimum penalties are a fine of $500, plus court fees. Court costs often change due to added surcharges which are 20% or more of the actual fine amount, therefore the $500 fine really ends up being closer to $650. If you refused to submit to a test, you will then face a mandatory minimum fine of $600 plus the 20% or more  surcharge so the fine would be around $785.

dui_seminar-300x225When will I get the report?

Many people put in requests for their police reports and expect them within a few days of their arrest. Even though they are YOUR reports, it is unrealistic for the officer and the PD to get them out to you that quickly. You will most likely not get any reports until your first court date when you have your arraignment. Unfortunately, this is often several weeks and sometimes up to two months after your arrest.

How should I read the report?

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.

OUI

Everyone knows someone that has gotten an OUI. And if you don’t know of anyone, a friend of a friend likely has.

To give you an idea, in 2016, there were 8594 arrests relating to driving under the influence. This does not mean convictions of any crimes.

Getting pulled over for an OUI can happen relatively easily, and unfortunately, most often, you are guilty until proven innocent. And the way to prove your innocence can also condemn you in a court of law.

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Operating under the influence (OUI) is a charge known as DUI in other states, which tends to be the more recognized acronym.

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.

For an OUI in Maine, the legal limit for alcohol in your blood or breath is 0.08%. If you’re over this, you can be charged with an OUI.

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