One of the most common questions that I get is "but I'm guilty, what can you do?" The phrase "but I'm guilty," could be the subject of an entire legal textbook but the short answer is that no one is guilty before their case has been resolved in Court. Every individual is presumed innocent of an...
Getting charged with an OUI is always a serious situation. But that situation can be even more consequential if you're charged with an OUI while operating a commercial vehicle. In fact, people who operate commercial vehicles are often held to a higher standard than average drivers. Many states ha...
Most people are familiar with field sobriety tests. At the very least, the concept of “walking a straight line” to demonstrate that you are sober is familiar to most. These standardized field sobriety tests are used across the country by law enforcement to identify intoxicated drivers. These same...
A charge for operating under the influence, or OUI, can carry steep penalties. Depending on prior convictions and other circumstances, a conviction can lead to jail or even prison if a felony OUI. Incarceration is not the only penalty prescribed by state law: steep fines and the suspension of you...
In Maine, law enforcement cannot simply pull over your car and detain you on a whim. To stop your vehicle, the officer must have a reasonable suspicion that you are violating law or traffic regulation to pull you over. Any officer that stops your car without reasonable suspicion has violated your...
Understanding the elements of a charge of operating under the influence (OUI) in Maine is fairly straightforward in Maine. In most cases, law enforcement obtains a breath or blood sample from a driver and tests the blood alcohol concentration (BAC). If a driver's BAC is .08 percent or more, the a...
You have choices. When you are pulled over, maybe for a minor traffic violation, and the officer for whatever reason suspects you may be operating the vehicle under the influence of alcohol or drugs (OUI), you have a choice when asked to participate in field sobriety tests or to submit to a chemi...
In this country, we have what's known as Fourth Amendment rights. Part of the rights is to be free from unlawful search and seizure. The law does not get to unreasonably search and seize either your person or your property without probable cause, meaning if you haven't done anything wrong or, eve...
If you were arrested for an OUI in Maine, then it is quite possible a blood sample was taken. A blood sample to determine a person's blood alcohol content is more reliable and accurate than a breath test. Because of its general reliability and accuracy, OUI clients are often scared their case can...
In Maine (or throughout the United States, for that matter), the police cannot stop your vehicle for no reason. Further, if they do conduct a traffic stop, they can't do whatever they want – there are regulations, rules, and laws they must follow. And when the police don't follow proper procedure...
In a previous post I discussed the basics of OUI/DUI charges in Maine as well as the penalties associated with those charges. I'm using the terms OUI and DUI interchangeably to make it easier for people that are used to different terms for the same thing. It is important to understand that in M...
Most people are familiar with the crime of OUI/DUI/DWI. In Maine, driving while impaired by alcohol is known as Operating Under the Influence. Specifically, Maine Title 29-A Section 2411 makes it a crime to operate a motor vehicle while 1) under the influence of intoxicants or 2) while having a...
If you're facing any kind of legal situation, you might be wondering, “do I need a lawyer?” There are many reasons why the answer to this question is almost always yes, but the simplest one is that you need a lawyer because your life matters. If you are facing a criminal charge, the State has an...
