Southern Maine Criminal Lawyer Blog

Should You Refuse a Breathalyzer Test in Maine? What Happens If You Do

Published on: April 30, 2023 | by Webb Law Firm

In Maine, you are not legally required to take a roadside breathalyzer test during an OUI stop – but refusing carries automatic consequences under Maine’s implied consent law. If an officer asks you to blow into a breath testing device, you face a critical decision that could shape the outcome of your entire case. This article explains what happens when you refuse a breathalyzer test in Maine, the license suspension penalties you face, and whether refusal is a smart legal strategy. In our experience handling OUI cases across southern Maine courts, the right choice depends on your specific circumstances – and understanding Maine law before you are pulled over gives you a real advantage.

Webb Law Firm team of criminal defense attorneys in Maine

What Is a Breathalyzer Test During a Maine OUI Stop?

When people say “breathalyzer,” they usually mean any breath test used during an OUI stop. Under Maine law, two very different instruments exist – and the distinction matters.

Can I Get a Maine DUI In a Parked Car?

Published on: April 23, 2023 | by Webb Law Firm

By: Southern Maine OUI Lawyer John Scott Webb, Martindale Hubbell Distinguished and Super Lawyer

Maine DUI lawyer John Webb of Webb Law Firm explains how cops can arrest you for OUI even if your car is parked and the engine is off. Can you drink in a parked car?

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). Can you drink in a parked car? I highly recommend you don’t do that, even if you are in your own driveway.

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

What to Say When Stopped By Maine Police for OUI

Published on: April 21, 2023 | by Webb Law Firm

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

Saco and Portland Maine OUI lawyer John Webb can help you avoid a DUI conviction. Remain as silent as possible after getting pulled over.
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.

Are Fireworks Legal in Maine?

Published on: April 19, 2023 | by Webb Law Firm

John Scott Webb Awards
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:

Traffic Ticket Lawyer Near Me: Southern Maine

Published on: April 15, 2023 | by Webb Law Firm

Maine traffic ticket lawyer John Webb handles speeding tickets, reckless driving, car wrecks, and pedestrian accidents.
By: John S. Webb, Traffic Lawyer near me in Saco ME and Portland ME, with the Webb Law Firm, featuring two experienced local traffic ticket attorneys in Portland Maine and Saco Maine

Not all traffic violations justify hiring a criminal defense lawyer near me. In Maine, minor driving offenses are civil legal issues, while serious violations like driving to endanger, OUI and criminal speeding in Maine justify retaining a defense attorney in Portland or Saco to use his or her legal knowledge and relationships with local criminal courts to be your traffic ticket attorney nearby.

By way of example, with a Maine OUI arrest, that driver facing operating under the influence (OUI) charges has only 30 days to file an appeal pf the pending administrative license suspension, under Mainer’s implied consent law. If convicted you may be required to pay for installation and monitoring of a DUI interlock, an electronic device that requires a clean breath sample before your vehicle will start.

Are Roadblocks Legal? DUI Checkpoints in Maine

Published on: March 29, 2023 | by Webb Law Firm

Maine OUI lawyer John Webb in Portland and Saco, ME explains why DUI roadblocks must follow certain guidelines in order to be legal.
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.

How Much Does an Ignition Interlock Device Cost in Maine?

Published on: February 2, 2023 | by Webb Law Firm

What Does an Ignition Interlock Device Cost in Maine?

The average cost of an ignition interlock device in Maine is $80 for installation, $65 per month for rental, and $40 for removal. Most first-offense OUI drivers pay between $445 and $600 total for their interlock requirement.

An ignition interlock device – often called an IID or car breathalyzer – requires you to blow into a mouthpiece before your vehicle will start. If the device detects alcohol on your breath, the car will not start. Maine courts require IID installation after an OUI conviction under ignition interlock requirements. Your total cost depends on which provider you choose. It also depends on how long you must keep the device. You may qualify for income-based financial assistance.

OUI Meaning: What Does OUI Mean in Maine?

Published on: January 10, 2023 | by Webb Law Firm

Four professional business people in formal attire posing together against a brick wall with green ivy backdrop.

What Does OUI Stand For?

OUI stands for Operating Under the Influence. It is the legal term Maine uses for what most other states call DUI (Driving Under the Influence) or DWI (Driving While Intoxicated), so the law defines OUI’s legal meaning similarly. Under Maine law, a person commits OUI when they operate or attempt to operate a motor vehicle while under the influence of intoxicants or with a blood alcohol concentration (BAC) of 0.08% or higher.

OUI vs. DUI: What Is the Difference?

Maine OUI License Suspensions, Interlock Devices & How to Reinstate Your License

Published on: May 27, 2021 | by Webb Law Firm

What Happens to Your License After an OUI in Maine?

A suspended license in Maine after an OUI charge can upend your daily life. You may lose the ability to drive to work, pick up your kids, or handle basic errands. This article explains how long OUI suspensions last, how ignition interlock devices work and what they cost, whether you can get a restricted license, and the exact steps to reinstate your driving privileges. If you are wondering how to reinstate your suspended license in Maine, you will find a clear step-by-step guide below.

How Long Is Your License Suspended After an OUI in Maine?

The COVID-19 Pandemic Has Led to More Drugged Drivers

Published on: February 26, 2021 | by Webb Law Firm

The year 2020 was one that several generations of Americans will never forget. High stress, bereavement, domestic togetherness and spending more time at our homes that ever before has contributed to more family violence crimes, motor vehicle accidents and driving under the influence.

Sales of alcohol, drugs and CBD products escalated. Depression, stress, and the desire to calm down led many to imbibe and to use prescribed medication or other sources of relief to get through the past year.

Research shows that the number of OUI-DUI-DWI cases involving drug use across America has increased. In addition, two recent US Supreme Court cases, Missouri v. McNeely in 2013 and Birchfield v. North Dakota in 2016 have clarified when and how blood extractions for implied consent purposes are proper.