John Scott Webb is a criminal defense lawyer in Saco and Portland, Maine. He explains the key differences between reasonable articulable suspicion (RAS) and probable cause (PC).
Reasonable Articulable Suspicion (RAS) allows a police officer to briefly stop and detain you. A Southern Maine police officer may stop you if you commit a traffic violation. Running a red light is one example.
By: John Webb, Traffic Law Attorney in Southern Maine, Handling Portland Traffic Tickets and More
Some Maine traffic violations can be a serious matter. You may be worried about the amount of the fine for a first offense. Read more about our Legal Team’s legal representation availability in all southern Maine.
Each traffic violation case is a criminal case when criminal speeding is what the law enforcement officer charges the person with. This is especially true if you have a “criminal speeding” charge.
By: Portland Maine OUI Attorney Vincent LoConte, DUI defense lawyer with Webb Law Maine Law Firm, where free legal advice in Maine criminal cases occurs daily from our two law offices in Maine
Maine DUI arrests. Maine OUI laws for drunk driving or drugged driving are very tough criminal charges. Maine sees fewer OUI arrests in winter due to less traffic at night.
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 Maine DUI attorneys take phone calls all night, and on weekends to help those facing DUI offenses.
By: Vincent LoConte, Criminal Defense Attorney With Webb Law Maine
Like all other states, many types of driver license suspension statutes exist under Maine Laws. The Pine Tree State sets apart higher punishment and extensions of suspensions or revocations, if the driver caught driving while suspended was doing this in violation of a conviction of an OUI in Maine.
Penalties under Maine Revised Statutes 29A-Section 2412-A are ramped up dramatically for a 2nd DUS (driving under suspension) or 3rd DUS. This article reviews most of the important Maine statutes OUI, for those facing prosecution in Maine.
The State of Maine updated its laws is a new way to classify crimes. Instead of just misdemeanors and felonies, there are now five different classes of crimes in the Pine Tree State. In most places, criminal offenses are classified as either felonies or misdemeanors. But in Maine, the State uses a different structure of criminal punishment.
Our state’s criminal offenses are divided into five classes: A, B, C, D, and E.
Each class of crime has its own maximum punishment. Class A crimes bring the most severe punishments. For example, A, B, and C crimes are felony offenses, with C class crimes being the least punitive of the felony classification crimes. Crime classes D and E are misdemeanor crimes, with potential jail sentences capped at 364 days. This means there are more options for a wide variety of punishments. It’s important to know which class your charges fall into and what penalties you could face. An example would be an arrest for possession of marijuana which is a serious criminal charge that one of our Saco and Portland criminal lawyers can handle for you. Or you may be facing an operating under the influence of alcohol charge (OUI-Alcohol) even if you blew under a 0.08 on the breathalyzer machine.
Is marijuana legal in Maine? The short answer is yes, but not for everybody, and “quantities are limited.”
The excitement over Maine weed legalization (in LD 1719) a few years ago has left several gaping traps for the unwary in recreational marijuana use. Cannabis possession in Maine is limited, and making an error will result in criminal charges. Maine has legalized recreational use in private, retail sale and taxation of cannabis for citizens over 21. It is one of the weed legal states in America.
Our criminal law firm can provide a marijuana attorney in all of the southern counties in Maine, as shown on the map below.
Maine is not a stop-and-identify state. No Maine statute requires you to show identification to police during a routine traffic stop or pedestrian encounter unless you are lawfully detained or placed under arrest. But two Maine statutes make it a Class E crime to intentionally refuse to give your correct name, address or date of birth to an officer who has probable cause to believe you committed a crime that can be charged by summons, or any motor vehicle violation. This distinction matters for anyone stopped by law enforcement in the Pine Tree State.
This article covers your Fourth Amendment rights during traffic stops in Maine, what makes a stop unconstitutional, how to respond if police contact you by phone, and when you should speak with a criminal defense attorney.
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.
By Maine OUI Lawyer John Scott Webb Serving Saco and Portland ME
OUI roadblocks are sobriety checkpoints where police officers stop every vehicle—or a certain number of vehicles at random—to search for intoxicated drivers. These DUI roadblocks appear more frequently around holidays, when driving under the influence is more common.
This legal article explores a driver’s right to not pass through these license checks. So long as no traffic crime is committed, a citizen can opt to not wait for the line of drivers to be checked, and depart in the opposite direction.
Breathalyzer results under .08 do not mean you are free to go. Maine's OUI statute has two separate parts. The State only needs to prove one. Under Maine law, a person commits OUI if they operate a motor vehicle with an alcohol level of 0.08 grams or more per 100 milliliters of blood or 210 liters of breath. A person also commits OUI while under the influence of intoxicants.
This two-part rule is the heart of the OUI driving definition in Maine. The State can prove impairment without ever reaching a 0.08 result.
This means a sub-.08 reading does not clear you. It simply removes one of the two paths the prosecution can take. The officer and the district attorney can still build a case around the "under the influence" prong. They often do.
Maine’s OUI law defines "under the influence of intoxicants" as being under the influence of alcohol, drugs, or a combination of the two. The statute sets no number for that prong. How much impairment the State must prove comes from court decisions. If you blow a .07 and the officer believes you showed signs of impairment, you can be charged with OUI. Book a free consultation with a DUI lawyer near me.
Without a .08 breathalyzer result, the State loses its per se shortcut. That makes the case harder to prove. But it is far from impossible. Prosecutors build the impairment case from what police officers saw during the whole traffic stop. Those notes usually fall into three groups.
First, the officer writes down how the car was driven. That covers swerving, wide turns, running a stop sign, or an oddly slow speed. Second, the officer notes what happened at the roadside. That covers slurred speech, the smell of alcohol, fumbling with a license, or bloodshot eyes. Third, the officer leans on how you did on the standardized field sobriety tests.
If you did poorly on your roadside sobriety tests, the officer may use that as evidence of impairment. That becomes a problem if something other than alcohol threw off your balance. An injury, uneven pavement, or even the weather can cause a poor result.
The breath result itself still plays a role even when it falls under .08. Under Maine law, a result above 0.05 but below 0.08 is admissible evidence, though not prima facie proof either way. It is considered alongside other competent evidence of impairment.
A result of 0.05 or less is prima facie evidence that you were not under the influence of alcohol. A low reading may also help with timing arguments on the rising BAC curve. That is the idea that your alcohol level was still climbing. Your alcohol level may have been higher at the time of driving than at the time of the test.
The State has a harder job, but charges for OUI with tests under .08 are not uncommon.
Breathalyzer results show the amount of alcohol in your breath. They are stated as a blood alcohol concentration, or BAC, figure. BAC levels are written as a decimal, such as .07 or .08.
The machine is designed to detect alcohol in the breath samples you blow into it. It converts that reading to grams of alcohol per 210 liters of breath. Understanding breathalyzer test results starts with knowing the legal thresholds that apply to your situation.
For standard drivers in Maine, the legal limit is 0.08 grams of alcohol per 100 milliliters of blood or 210 liters of breath under Maine law. Commercial motor vehicle operators face a lower threshold of 0.04 grams, the level at which Maine law on commercial vehicle operators requires a chemical test.
Drivers under 21 are held to the strictest standard. Any reading above 0.00 grams requires a license suspension – at least one year for a first offense and two years for a second.
A result at or above the .08 breathalyzer threshold creates a per se OUI. The State does not need to prove any other sign of impairment. But a result under breathalyzer .08 does not clear the driver. The State can still pursue the impairment prong, as discussed above.
For readers from other states understanding DWI breathalyzer test results for the first time, the same general principle applies. A number below the legal limit does not guarantee dismissal.
Several things can affect the accuracy of breathalyzer test results. OUI defense lawyers often check whether the machine was properly calibrated and who was trained to administer the test.
They also check whether the officer watched the driver for the required waiting period before the test. They look at whether mouth alcohol, acid reflux (GERD), or food left in the mouth could have skewed the BAC reading. These issues may give you grounds to challenge the result in court.
If you were taken to the police station for a breath test, the officer already thinks they saw some impairment. When breathalyzer results come back at zero, the officer looks for another cause. They will likely suspect that something other than alcohol is behind the signs they noticed.
Under Maine law, impairment can be caused by many substances beyond alcohol. A "drug" under Maine's OUI statute is defined broadly. It covers scheduled drugs.
It also covers any natural or artificial chemical substance that can impair the ability to safely operate a motor vehicle. This includes illegal drugs, prescription medications, and even over-the-counter products. This applies even when taken legally and as prescribed.
Say alcohol is ruled out but the officer still suspects impairment. The next step is usually a referral to a drug recognition expert, or DRE. The officer may ask for a urine or blood test to pin down the substance. Under Maine's implied consent framework, a person must submit to and complete a chemical test when there is probable cause to believe they operated under the influence of intoxicants.
Refusing carries administrative license suspension consequences that are separate from any criminal penalties. For what the number itself means and how the margin of error works, see breathalyzer results explained.
DREs are specially trained officers certified through the Maine Criminal Justice Academy. The DRE is often a different officer from the one who administered your breath test. Only an officer who completes the Academy’s certification program may conduct a drug impairment assessment.
Under Maine law, if a DRE has probable cause to believe a person is under the influence of a specific category of drug, that person must submit to a blood or urine test. This test confirms the category of drug use.
The DRE evaluation follows a set, step-by-step protocol. The expert reviews the breath test result and talks to the arresting officer. There is a first exam and a check of vital signs. There are close eye exams, including the HGN test.
There are divided-attention tests and checks of muscle tone and pulse. The DRE also notes how the driver looks. The DRE then forms an opinion about what category of substance may be causing impairment. That opinion is later compared against the lab results from the blood or urine sample.
The DRE's testimony about the assessment is admissible in court as evidence of operating under the influence. But these evaluations are complex, and the results are not always right. Medical conditions, fatigue, or nerves can affect how you do on the tests.
Under Maine law, refusing the chemical test requested in connection with an OUI investigation carries an administrative license suspension. This suspension stacks on top of any criminal penalty from a conviction. The suspension period increases with each subsequent refusal. Anyone in that spot should talk to a lawyer about the facts of their own case.
After an OUI stop with a breath test, what you do next could affect the outcome of your case.
First, do not volunteer more about drinking alcohol – what you drank, how much, or when you drank it. Anything you say may be used as evidence. Second, understand that Maine's implied consent law makes refusing a post-arrest chemical test a separate problem.
A refusal triggers its own administrative license suspension – at least 275 days for a first refusal – on top of any criminal consequences. Declining after the fact does not prevent breath alcohol test consequences. A refusal is admissible at your trial, and when the officer gave the required warnings it raises the mandatory minimum fine and jail time on a first conviction.
Third, keep any evidence that may support your defense. Receipts, time stamps, and a written timeline of your evening could matter if a rising BAC argument applies. That defense rests on the idea that your alcohol level was lower while you drove than when you were tested.
Finally, contact an OUI attorney before your court date. You have 10 days from the effective date of a suspension to request a hearing with the Secretary of State. An ignition interlock device and extended suspensions within the look-back period are among the consequences that may apply, depending on prior history.
Yes, you can be arrested for OUI in Maine even with breathalyzer results under .08. Maine's OUI statute allows prosecution under the "under the influence of intoxicants" prong, regardless of BAC.
An officer may observe signs of impairment – slurred speech, poor field sobriety performance, or erratic driving. If so, you may be arrested and charged even with a sub-.08 result. The breath test is one piece of evidence, not the only one.
A breathalyzer measures the alcohol in a breath sample. It states that as a BAC figure – grams of alcohol per 210 liters of breath. The result reflects your breath alcohol level at the time of the test, not necessarily at the time of driving. Factors like rising BAC, machine calibration, and mouth alcohol can all affect BAC readings.
A zero BAC result rules out alcohol but not other substances. Maine defines "drug" broadly to include any substance that can impair driving ability. This includes prescription and over-the-counter medications. The officer may call a drug recognition expert to run an evaluation and ask for a blood or urine test.
Maine's implied consent law requires drivers to submit to a chemical test when there is probable cause to believe they operated under the influence. Refusing carries an administrative license suspension of at least 275 days for a first refusal, with longer periods for subsequent refusals. This suspension is separate from any criminal penalties.
If you blew under .08 – or at any level – on a Maine breath test, your situation may be harder than it looks. Webb Law Firm offers free consultations for OUI cases – operating under the influence, which other states call driving under the influence or drunk driving.
Breath test cases are time-sensitive because the written request to challenge a license suspension is due within 10 days of the suspension's effective date. Missing that window could mean losing your ability to challenge a suspension.
A lawyer can review your own breathalyzer result, the officer's notes, and the facts of the stop to spot possible defenses. Every case depends on its own facts, and outcomes vary. Attorney John Webb, Vincent LoConte and Nicole Williamson of Webb Law Firm handle OUI defense in southern Maine. Please contact us today to discuss your situation with a 24-hour lawyer near me.
Southern Maine Criminal Lawyer Blog
