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:
In the United States every day almost 30 people die from a car accident that involves some form of drunk driving. That’s almost 30% of all traffic deaths in the country.
Not only this, but alcohol-related crashes cost more than $44 billion each year.
Luckily there are various ways today to prevent these deaths – one of which is through the use of a breathalyzer test. One type of OUI breath test is used by your arresting officer when you are first pulled over. Then there is the official breath test machine used by police after your arrest. Finally the car breathalyzer or ignition inteerlock is a device installed on your vehicle that you blow into to be able to start the engine.
By: Southern Maine OUI Lawyer John Scott Webb, Martindale Hubbell Distinguished and Super Lawyer
In Maine 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 or operate under the influence (OUI). 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 DUI conviction penalties are the same as for driving under the influence.
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.
Marijuana is currently illegal under federal law. Federal law divides each drug into a “schedule” classification according to its properties. Schedule I drugs include almost all illegal drugs, while Schedule V drugs are the least addicting, such as some cough medicines. Schedule I drugs carry the most severe punishments under federal law.
Despite numerous states’ laws permitting marijuana use, the federal government currently classifies marijuana as a Schedule I controlled substance. In other words, the federal government views marijuana to be a drug with a high potential for abuse and a lack of medical value. Meaning, under federal law, the use of marijuana is illegal for any reason including medicinal.
Ten years ago the Maine Legislature changed the driver’s license suspension penalties for an OUI offense, which directly impacts a person’s continued driving privileges. These changes went into effect December 1, 2013. They affect only those OUIs that occurred after midnight on November 30, 2013.
Some of the changes affect only a few people. The length of suspension for some repeat offenders increased. Also, some repeat offenders will get their licenses back sooner if they install an Ignition Interlock Device, or DUI interlock. This device acts as a car breathalyzer because a person has to blow into the IID to check their blood alcohol content (BAC) level before the car will start. Its inventors were looking for a way to automatically stop drunk driving.
These changes only affect a few people because these repeat offenders make up a very small percentage of the people who are charged with operating under the influence.
In Maine if a person is driving a motor vehicle and has a blood alcohol concentration (BAC level) of 0.8% or more, they are arrested and charged with a criminal offense known as OUI (operating under the influence). In other states, this type of driving offense is called driving under the influence, or DUI.
A lot of our law firm clients ask us if they are accused of a felony or misdemeanor crime. The answer depends on the circumstances of your criminal case. For example, if this is your first OUI and no one was injured, you likely will be charged with a misdemeanor.
On the other hand, understand that if you have prior OUI convictions in any state within a certain number of years, or your impairment caused injuries or even death, then felony charges will be brought against you. This is complicated legal work that an experienced DUI lawyer near me in Portland, Maine can handle more easily.
By Southern Maine OUI Super Lawyer John S. Webb – ME Criminal Defense Attorney Near Me
One of the most debilitating OUI penalties is a driver’s license suspension. This means you are banned from legally driving for a certain number of days, months, or years. Since 2009 the license suspensions for repeat DUIs has gotten longer – a lot longer.
Southern Maine Criminal Lawyer Blog
