Southern Maine Criminal Lawyer Blog

Maine Engine Interlock Device: What to Know After an OUI

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

What Is an Engine Interlock Device?

Webb Law Firm attorneys Nicole S. Williamson, Vincent S. LoConte, John S. Webb, and Bailey Lemieux

An engine interlock device is a small breath-testing unit wired into a vehicle’s ignition system. It prevents the engine from starting if the driver’s breath registers alcohol above a preset limit. The device uses a fuel cell sensor to measure blood alcohol concentration (BAC). If the reading exceeds the threshold, the car will not start.

In Maine, the interlocking device alcohol detection threshold is set at 0.02 BAC. This is far lower than the 0.08 legal limit for an OUI charge. This strict standard exists because the interlock program is designed for drivers who have already been convicted of operating under the influence. The goal is zero tolerance, not a generous margin.

How to Get Out of an OUI in Maine: Webb Law

Published on: May 20, 2023 | by Webb Law Firm

By: Portland Maine OUI Attorney Vincent LoConte, With Webb Law Maine Law Firm

Webb Law Firm attorneys Nicole S. Williamson, Vincent S. LoConte, John S. Webb, and Bailey Lemieux

Maine OUI laws for drunk driving or drugged driving are very tough criminal charges. OUI arrests in Maine are a nightly event, but fewer are made in the deepest of winter just due to less traffic.

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 OUI attorneys in Maine take phone calls all night, and on weekends to help those facing DUI offenses.

Lawyers in Portland & Saco ME: Criminal Law Attorneys

Published on: May 16, 2023 | by Webb Law Firm

OUI Lawyer John Webb serves Saco and Portland Maine.
Seeking a criminal defense attorney Maine? Similarly, if you need an OUI lawyer or a sex crimes attorney, the Webb Law Firm has your legal warrior ready and available at a law office location nearby. The COVID Pandemic led to a large increase in domestic violence restraining order cases nationwide, and Maine is no exception to the higher incidence reports.

Our litigation team (John Webb, Vincent LoConte, and Nicole Williamson) wants you to feel comfortable bringing ANY criminal law, juvenile law, administrative law or driver license suspension law or revocation case to our legal offices in Southern Maine. A few years ago, because the crime rate in Portland was 10-fold that rate in Saco, ME, we opened our Portland, ME additional office.

Our many legal professional criminal defense team competencies include avoiding DUI penalties like a suspended driver’s license, and helping you settle related personal injury claims if you caused injury to others. Plus, our advanced DUI-DWI classes in forensic science, such as NHTSA field sobriety test instruction, helps us in fighting an OUI in Maine.

How Much Can I Drink Before I Am OUI?

Published on: May 14, 2023 | by Webb Law Firm

Maine criminal defense lawyer John Webb explains how marijuana has become legal but only in certain situations.
As a Maine DUI lawyer I talk to people every month who were arrested for OUI in Southern Maine. An alarming number of those people are truly surprised at their blood-alcohol concentration (BAC). Many tell me they “paced themselves” to one drink per hour. For most people this pace is a recipe for disaster.

A Brief History of Alcohol Calculations

Scientists have studied alcohol for many years. In the early years of the 20th century a Swedish physician, Dr. Widmark, did extensive research. Based on his research he devised a formula for calculating blood-alcohol levels based on the amount of alcohol consumed, the person’s weight, their gender, and the amount of time that passed since first drinking. This formula then predicts a range for the person’s blood-alcohol level or concentration (BAC.) This is the formula that is used in virtually all smart phone calculators or the “drink wheel/calculators” sold. It is also the basis for the claim that one drink per hour will protect you from driving under the influence.

No Contact Order vs Restraining Order in Maine

Published on: May 14, 2023 | by Webb Law Firm

Webb Law Firm attorneys Nicole S. Williamson, Vincent S. LoConte, John S. Webb, and Bailey Lemieux

If you have been ordered to follow a no-contact order in southern Maine (Augusta Maine and south of there), you should not take any chances. Learning about the stipulations and conditions placed against you in a no-contact order could save you from having to face serious consequences – including jail time.

A no-contact order is often confused with a domestic violence restraining order, but the two are not the same. Plus, they can carry drastically different penalties. In general, a no contact order is issued AFTER a threatening encounter has taken place, whereas a restraining order (in Maine, a protection from abuse order) is a civil order that the person seeking protection asks the court for, and a final order requires a finding that abuse was committed unless both sides agree to the order. Abuse under Maine law includes threats, stalking and putting someone in fear of injury, not only physical violence. So, a restraining order is used to stop the abuse and prevent the potential for a dangerous situation that can result in serious domestic violence charges.

Does a No Contact Order Specify the Physical Distance That Must Be Obeyed?

Is the Intoxilyzer 8000 Accurate in Maine OUI Cases?

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

What Is the Intoxilyzer 8000?

The Intoxilyzer 8000 is a breath testing device manufactured by CMI, Inc. Maine law enforcement uses it to measure blood alcohol concentration (BAC) during OUI investigations.This machine analyzes a breath sample using infrared light technology. It estimates how much alcohol is in a person’s system. Maine adopted the Intoxilyzer 8000 to replace the older Intoxilyzer 5000. The state purchased roughly one hundred units for use across Maine.

The switch happened for a telling reason. For years, OUI defense attorneys and breath testing experts argued that the Intoxilyzer 5000 could read other substances on a person’s breath as alcohol. This produced false high BAC readings. These substances are called “interferents.” Common examples include paint fumes, carburetor cleaner, and chemicals found in beauty salon supplies. For just as many years, CMI and Maine’s breath testing staff dismissed those concerns as defense attorney gimmicks. They insisted the 5000 was specific for alcohol. They claimed it would reliably detect and subtract interferents from the final BAC reading.

Maine LD 1491 DUI Drugs Law

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

Maine DUI Drugs lawyer John Webb explains why some urine tests cannot properly determine a driver's current level of impairment.
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:

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 attorneys Nicole S. Williamson, Vincent S. LoConte, John S. Webb, and Bailey Lemieux

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 Maine OUI Lawyer

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.