If you aren’t ready to contact a Maine criminal defense attorney for your situation, but you need a few answers to your questions, you may find the information you need here. Please browse the questions below and contact our office if you need more information. If you’re ready to take the next step and need an experienced Maine criminal defense attorney, Webb Law Firm is ready to assist you in preparing your legal defense.
- What Should I Do if I’ve Been Arrested for My First OUI in Maine?
- What Should I Do if I’m Requested to Take a Breath Test?
- Will I Go to Jail if I’m Convicted of a DUI in Maine?
- How Soon Can I Get My Driver’s License Back if I’ve Been Convicted of a DUI?
- What Should I Do if a Police Officer Stops Me After I’ve Consumed Alcohol?
- What are Aggravating Factors in a DUI?
- Does the Police Officer Have to Read Me My Miranda Rights If I’m Stopped for an OUI?
- Will My Case Go to Trial if I Have Been Charged With an OUI?
- Do I Need an Attorney if I’ve Been Charged With a Crime?
If you were arrested for an OUI or DUI in Maine, you need to contact an attorney. Write down all of the facts about the night you were arrested while it is still fresh in your mind. Sometimes the smallest detail you provide to our office can be the key to your legal defense. Don’t delay in contacting our office to speak with an OUI attorney. The consequences of an OUI/DUI conviction can be severe. Our DUI attorneys have extensive experience representing clients.
Maine is a state of implied consent, which means that anyone with a driver’s license is legally obligated to take an alcohol breath test if the police officer suspects you of driving under the influence. While you cannot physically be forced to take the test, you can be charged with OUI Refusal, which may have penalties higher than just an OUI. Of course, it is your choice whether to submit to a breathalyzer test. Whether you are charged with an OUI or OUI Refusal, you will need the services of an experienced attorney.
The answer to this question depends on several factors, including whether you have any prior OUI or DUI offenses on your record; whether you submitted or refused an alcohol breath test; and, if there were any other factors present in your situation. In many cases, a first offense doesn’t require jail time. However, it is important that you contact our office as soon as possible to discuss the specifics of your case so our DUI attorney can help you avoid potential jail time for a first offense DUI in Maine.
If you are convicted of a first offense drunk driving charge in Maine, your driver’s license will be suspended for 150 days. A second DUI conviction results in a driver’s license suspension for three years while subsequent offenses mean the loss of your driver’s license for six years. The court will review your criminal record for DUI offenses for 10 years prior to your current DUI charge. The installation of an Ignition Interlock Device(IID) can reduce your license suspension.
You need to cooperate with the police officer if you are stopped after consuming alcohol. You will be asked for your driver’s license, proof of car insurance, and vehicle registration. The officer will ask you questions, but you do not have to answer them — you should remain respectful when you refuse to answer questions without an attorney present. In most cases, if the police officer is going to arrest you on an OUI or DUI charge, answering his questions would not have changed his mind. In all likelihood, answering the questions may give the officer additional evidence for probable cause.
A first offense DUI may result in more serious consequences if aggravating factors were present. These factors include criminal speeding while under the influence; blood alcohol content of 0.15 or higher; attempting to avoid a police officer; and driving with someone under the age of 21 while intoxicated or impaired. Criminal speeding means you exceeded the speed limit by at least 30 miles per hour.
A police offer must read you your Miranda rights if you are arrested. However, being stopped on suspicion of drunk driving does not mean you have been arrested. The officer can ask you any questions he would like to ask as long as you are not arrested. Even being asked to take an alcohol breath test does not mean you are under arrest. Many times, you are not interrogated or put under arrest until after you have taken the alcohol breath test. In fact, failure to read you the Miranda Warning does not automatically result in a dismissal of charges. It is usually best to invoke your right to remain silent except for requesting an attorney.
Many OUI offenses do not go to trial. Instead, they are resolved with a plea bargain between the defendant’s attorney and the prosecuting attorney. If a defense attorney is well-prepared and presents a strong defense on your behalf, you may be able to avoid the time and expense of a trial. However, don’t accept a plea bargain without consulting with a Maine DUI attorney first. Your rights may have been violated or you may have a valid legal defense to the DUI charge. The prosecutor will not explain this to you — the prosecutor’s job is to obtain a guilty plea or guilty verdict.
It is always advisable to hire an attorney if you have been charged with a crime in Maine. If you are guilty, a Maine defense attorney can help negotiate your case so that you receive the lightest sentence possible. If you are not guilty of the crime you have been charged with, a Maine criminal defense lawyer can mount a solid defense in your case.
If you have other questions or need an attorney to represent you for an OUI/DUI or other criminal offense, contact the Webb Law Firm today. Contact the Webb Law Firm by calling (207) 283-6400 24 hours a day, 7 days a week. You may also contact Attorney Webb by using our convenient online contact form.