Maine Attorney specializing in OUI, DUI and Criminal Defense

In Maine, when you are accused of any type of OUI/DUI offense, within two weeks of your arrest, you will receive a notice from the Bureau of Motor Vehicles that your driver’s license will be automatically suspended by the Bureau of Motor Vehicles unless you request a hearing within 10 days of the scheduled suspension. So you have a short amount of time to act in order to stop the license suspension process. You can just take a moment and imagine the inconvenience of not being able to drive. It is important that you take swift precaution to prevent this circumstance from occurring. [Read more…] about Maine OUI BMV Administrative Hearings

Maine has a strict perspective when it comes to drinking and driving. In 2018, Maine police made 7,538 arrests on suspicion of operating under the influence. If you have been accused of your first Maine OUI offense, you are facing a maximum penalty of $2,000 in fines and jail time up to one (1) year. First Maine OUI allegations are often the outcome of a traffic stop, sobriety checkpoint or accident. The State of Maine has an interest in keeping the roadways safe. Therefore, the State takes OUI matters very seriously. The District Attorney must prove your guilt based upon the evidence. Technology is often a component of an aggressive OUI defense strategy.

If you are charged with first Maine OUI Offense, you need a law firm committed to OUI defense. As an experienced Maine OUI Defense attorney, I have aggressively advocated for favorable results throughout Maine. At the free consultation, we will review all the details of your case. Every OUI case is just a bit different. While it may seem like the District Attorney holds all the cards, the truth of the matter is they do not. Together we will develop a smart and aggressive legal defense strategy. The way I believe in doing business is to treat each client’s case as an individual, and to not allow a one-time bad decision impact the rest of the client’s life.

If you choose my firm to represent you, we are going to make a stand to fight the charge. You make a stand to preserve your future. If you don’t make a stand, you risk a rush to plead guilty to the District Attorney’s charges, driving license suspension, penalties and potential jail time, as well as the repercussions a conviction will have on your family, ability to drive, or keep your existing profession.

Most likely you are trying to figure out the impacts this charge will have on your life, and how much time you might have to invest to defend yourself. Hopefully, this article will shed some light on some of your questions as you begin to experience the Maine criminal court system for the first time.

Often, those accused of their first Maine OUI offense wonder:

• What must I do immediately after my OUI arrest?
• What will happen at my first court appearance?
• Will my driver’s license go under suspension?
• How soon will I get my license back?
• Can I get a restricted license so I can drive to work?
• Will I go to jail for OUI?
• Could this affect a professional license?
• Will an OUI conviction cause a habitual offender strike on my driving record?
• What are the consequences if I drive under suspension?
• Was the alcohol breath test accurate?

Let’s take a moment to review what you can anticipate if you are accused of a first Maine OUI offense and what you can do to help in your defense:

1. What happens after the arrest for a first Maine OUI?
2. What does it mean to be a first Maine OUI Offense?
3. What are the impacts to my Maine driver’s license?
4. How can an OUI defense lawyer help?
5. What are the possible outcomes in a First Offense Maine OUI case?
6. What is the Court Process for a first Maine OUI offense?

If there were any questions that we do not answer on your first Maine OUI allegation in this article, please feel free to contact us.

A common scenario of how an arrest for a first Maine OUI occurs

Maine OUI’s law is complex. In order to help explain what is going to happen, we will use a fictional example of a first OUI arrest in Maine by reviewing the story of Ted, who is a fictional person. Ted is a bar tender in South Portland, Maine. Ted often closes the bar down in the small hours of the morning after everyone else has gone home. That night, the bar hosted a birthday party, and the party goers insisted that Ted “do shots” with them. Knowing he had to drive home, Ted limited his participation in the festivities. Also that night it started to snow, covering everything with a white blanket.

The snow was coming down hard as Ted drove home. Ted rounded a corner too quickly and lost control of his sedan. Ted’s car spun out and landed in a snowbank. Luckily, Ted was unhurt, and the sedan was undamaged. Unluckily, Ted’s sedan was stuck in the snow. Ted called for a tow truck. As Ted waited for the tow truck, a South Portland police cruiser arrived.

Ted and the officer have a short conversation as the officer exited the cruiser to get a closer look at the sedan. The officer started asking typical questions, like if Ted was hurt. No one was hurt. Was Ted driving the car when the car slid out? Ted admitted freely that he was driving when the car spun out. The officer mentioned the smell of alcohol on Ted’s breath and observed bloodshot and glossy eyes. The officer then asked Ted to perform some Standardized Field Sobriety Tests.

Ted was not dressed appropriately for the cold or the snow. He was wearing his sneakers on his feet, since that was what he wore at the bar as he was on his feet all night, and he had left his winter gloves at work. As a result, Ted was very cold and uncomfortable doing these tests.

After giving the standardized field sobriety tests, the officer told Ted that there was “probable cause” that he was impaired, and so Ted would be taken down to the station for a breathalyzer test. Ted was in shock when the alcohol breath test read 0.08, the legal limit. Ted did not feel impaired at all. After all, he was a bartender, He sees what “impaired” looks like every night.

Allegations of drinking and driving can put your future at risk. First Maine OUI convictions can:

• Get your driver’s license suspended
• Cost you a lot of time and money
• Be an permanent offense on your criminal record
• Get you fined or even sent to jail

It is important that you take swift action in order to retain an aggressive advocate who can help you navigate the Maine legal system and assure that there will be minimal impact to your future.  For more information, check out my article on how to save time and money when facing an OUI charge.

The truth is the sooner our legal team becomes involved in the intricate details of your case, the more time we will have to prepare the most effective defense. Effective action taken by a skilled Maine OUI defense lawyer as soon as the charges are filed can result in a lesser charge or in some instances an outright dismissal. Whether your Maine First OUI Offense is due to alcohol, drugs, or prescription pills, it is imperative that you contact a lawyer as quickly as possible after the arrest.

The Maine Law for a First Offense OUI Explained

Under 29-A M.R.S.A. Sec 2411 (Criminal OUI), the definition of Operating Under the Influence is:

1. You were Operating a Motor Vehicle
2. And at the time of operation you were under the influence of an intoxicant

In order to be charged and convicted of OUI, all of the points listed above of the crime need to be met. Addressing the first point, you need to be operating a motor vehicle. A “motor vehicle” can be a typical sedan, such as in Ted’s case, but it can also be a commercial motor vehicle, truck, van, motorcycle, or any other mode of transportation powered by a motor.

Operational Impairment

Often, an officer will pull over someone for suspected OUI based upon the observation of the way they are driving. If their driving is “all over the place,” then this could be within the possible signs of operational impairment.

In Ted’s case, even though the officer did not actually witness him driving his car into the snowbank, Ted admitted to the officer that he was operating the motor vehicle when it spun out and hit a snowbank. Because of this, the officer could have the reasonable articulable suspicion that Ted had been driving his sedan while impaired given the odor of alcohol emanating from his breath.

Legal “Intoxication”

In the second element, you need to be “impaired” by an intoxicant. “Intoxication” can be from alcohol, drugs, prescription pills, or a combination.

In the case of alcohol, if you are found to have a blood alcohol content of 0.08 or higher in Maine, you are considered to be legally “intoxicated.” The fact that Ted did not feel “drunk” when he was stopped does not affect this equation.

A key consideration is that the state of Maine uses an Implied Consent Law, which allows officers to request and administer either Breath or Blood test when the officer has cause to suspect the driver of the vehicle is impaired.

Penalties for a First Maine OUI Offense

It is important to understand that in Maine there are two courts for which you need to face – the criminal courts and the administrative BMV courts.  The criminal court penalties for First Offense OUI in Maine are the following penalties:

Penalties for a First Maine OUI Offense

• 48 hours jail time with the presence of certain aggravating factors, including:
  • A blood alcohol measurement of 0.15 grams or more of alcohol per 100 milliliters of blood or 201 liters of breath.
  • Criminal Speeding .
  • Eluding a law enforcement officer, or attempting to elude a law enforcement officer.
  • Drunk Driving with underage (under 21) passengers.

Once convicted of your first Maine OUI, you can expect your car insurance premiums to increase at least 93% for 5 years.

Is an OUI a misdemeanor in Maine?

Yes. For a first time charge of OUI, an OUI conviction is a Class D misdemeanor.  The misdemeanor does show up on an in depth background check.  The misdemeanor OUI conviction will prevent entering Canada.

Subsequent OUI convictions are more severe.

Refusal of a Chemical Test

During the investigation of a first drunk driving offense in Maine, the police will request that the driver submits to a chemical test. In the case of alcohol intoxication, the police officer will request a blood or breath test. In cases of drug intoxication, the police officer might request a urine test in addition to a DRE evaluation. If you refuse to take the chemical test, the officer will indicate a Refusal in the OUI charge, which would trigger harsher penalties automatically upon conviction. .

The penalties for a first refusal is the automatic suspension of your driver’s license for 275 days, which must be ran consecutively with the Court imposed suspension of 150 days (approx. 14 months). In addition, at Court, you will incur a $600 fine and be required to serve at least 96 hours jail time.

Maine Bureau of Motor Vehicles

The Maine Bureau of Motor Vehicles (BMV) can suspend your driver’s license on the basis of a police report alone for a period of 150 days. You have the opportunity for a BMV Administrative Hearing.

After your arrest, you would receive a notice in the mail from the BMV warning you that your license is about to go under suspension. You have only a short window of opportunity to act and request a BMV Administrative Hearing. Requesting a BMV Administrative Hearing has the effect of placing a stay (postponement) on your license suspension until after the BMV Administrative Hearing is held. If you did not request a BMV Administrative Hearing, the BMV will suspend your driver’s license. Requesting a BMV Administrative Hearing gives people extra precious time to arrange for alternative transportation while their license is suspended.

The BMV Administrative Hearing

At the BMV Administrative Hearing, your defense lawyer will present a case on your behalf, and the BMV Administrative Hearing itself presents an opportunity to obtain testimony from the arresting officer for use at future court proceedings. If you prevail at the BMV Administrative Hearing, your driver’s license will not go under suspension. Even if your license is not suspended by the BMV, you would still face a license suspension from the Court-imposed penalties if convicted of OUI.

For a first Maine OUI offense, the license suspension period is for 150 days, which boils down to five (5) months. The State of Maine offers an opportunity for relief from the suspension after 30 days with the installation of an Ignition Interlock Device (IID). A person becomes eligible for an IID after completing the following:

• Complete a DEEP Course, with proof of completion provided to the BMV
• Pay a $50.00 Reinstatement Fee to the BMV

The Ignition Interlock Device (IID)

An Ignition Interlock Device (IID) is an alcohol breath test machine that is connected to your car’s ignition. You breathe into the IID in order to get the car to start. If you have any amount of alcohol in your system, the IID would prevent your car’s ignition from starting.

After installing the IID, you can drive your car for the remainder of the 150-day suspension period. The benefit of an IID is that it allows you to get back on the road with a restricted license after only 30 days. The downside of an IID could be the out-of-pocket costs for rental, installation, maintenance, etc.

The State of Maine has additional penalties for those who attempt to tamper with or disengage the IID after it has been installed. For more information check out our indepth article on IIDs in Maine.

How an Maine OUI Defense Lawyer Can Help

Across the United States, far too many defendants, when faced with a criminal prosecution, remain unrepresented to handle their case. There is overwhelming statistical evidence that hiring your own dedicated legal counsel achieves lower incarceration rates, shorter sentences, and greater probabilities that a charge will be dropped or reduced. Often the cost of an Attorney is mistakenly perceived as a reason a person accused of first Maine OUI offense might consider not hiring a private Attorney. The question you should consider is; given the high risk to your freedom, livelihood, and future, isn’t the money you think you are saving today worth the risk of being worse off in the future?

As an experienced OUI criminal defense lawyer in Maine, I know how to defend clients against a First Maine OUI offense. As we work together, I make a point to know the ins and outs of your case. I have built a reputation of aggressively advocating with the district attorney and defending clients in court, all the way through to trial if needed.  Understanding your needs is the starting point of our legal strategy.  If you choose to hire The Nielsen Group, you are more than just another case to us. We put your interests first. Wouldn’t you agree that is most valuable?

Without a Lawyer, District Attorney Refuses to Negotiate a first Maine OUI Charge

Remember Ted? Not knowing what to do, Ted went to his Arraignment date alone to see if he could work things out with the District Attorney. Ted was surprised that the District Attorney was not interested in hearing anything he had to say. This is not uncommon. In most cases, if the defendant does not have a criminal defense lawyer, the District Attorney will simply state that their “best” offer is to plead guilty as charged and be sentenced to the mandatory minimum penalties of the first Maine OUI charge.

One action Ted can take quickly is to hire experienced legal representation. The OUI criminal defense lawyers at Nielsen Group are willing to help you through the court process and to help you achieve the best possible outcome. Attorney Chris A. Nielsen has taken additional education and training to help someone charged with an OUI in Maine. When OUI criminal defense lawyers examine any OUI cases, here are some of the questions that arise.

• Problems with the Stop – Did the officer have the requisite reasonable articulable suspicion to pull you over? Was the stop of your vehicle for a legitimate law enforcement reason? Did the officer have the requisite probable cause to get you to take an alcohol breath test or other chemical test? Where you stopped by the police at a sobriety checkpoint?
• Problems with the SFSTs – Did the officer inform you that the field sobriety test are not mandatory? Was the officer trained properly to execute the standardized field sobriety tests? Did the officer execute the tests in accordance with standardized procedures? Did the officer fail to ask about any potential health problems that would affect your performance on the SFSTs? Were you extremely tired or nervous when taking the field sobriety tests? How close to the road were the field sobriety tests performed? Was the test conducted in a well-lit area with a smooth, clean and flat surface? Did you perform the field sobriety tests with high heels on? Were you an appropriate candidate for the SFTS’s
• Problems with the Intoxilyzer Machine – Is the officer certified to use the Intoxilyzer? At the time of the arrest, was the Intoxilyzer machine calibrated properly and well maintained? Did the officer observe the proper wait period before breath testing? Did the machine read any error messages during testing? Was there a variation in the breath readings? When did you consume your last alcoholic drink prior to taking the breath test?
• Problems with a Blood Draw – Were proper procedures followed for the blood draw? Were proper procedures followed when the blood was tested? Were there issues with the blood draw sample or instruments? Was the sample properly preserved?
• Preserving Any Video Evidence from the Police Cruiser/ Intoxilyzer room – The single best piece of evidence in an OUI case, whether for the State or the defense, is the video from the police cruiser documenting the stop, or from the Intoxilyzer room at the police station.
• Contemplating Employing Expert Witnesses at Trial – Intoxilyzer, Police Procedure, and medical experts can be employed to testify at trial to challenge whether the machine, the test itself, and proper police procedure was applied. Since Ted blew a blood alcohol level of 0.08, which is right at the legal limit, he is also within the “margin of error” for the Intoxilyzer machine, which can be off by up to 0.01. When the Intoxilyzer evidence is on the fence, an expert can help clear through the fog to reveal the actual results.

Overall, there are proven strategies to defend Maine First OUI Offenses.

Possible Outcomes for First Offense OUI

Here are the possible outcomes for First Offense OUI in Maine:

Dismissal– A dismissal is when the State drops the charge outright. A dismissal is considered the best possible outcome in a criminal case.

Plead Guilty to lesser charge– In general, we recommend that you do not plead guilty unless under the advice of counsel. However, in some instances the criminal defense lawyer can negotiate a favorable plea arrangement with the District Attorney. One example of this type of agreement in an OUI case is for Ted to plead guilty to Driving to Endanger (DTE) instead of OUI. The license suspension time associated with a DTE conviction is far shorter than an OUI, and the DTE lacks the “drunk driving” stigma. In many instances, clients find this to be an acceptable resolution to their case.

Verdict at Trial– If the District Attorney is from an office with an official “no negotiation” policy for OUI cases, then your best option is to take the case to a trial, whether a trial in front of a Judge or Justice, or a trial in front of a Jury.

If the OUI conviction included the presence of aggravating factors, resulting in a jail sentence, this time in custody can be served in the “Alternative Sentencing Program” or ASP. ASP allows the person convicted of First Offense OUI to serve their jail sentence by performing supervised community service over a specific weekend, having a minimal impact on the person’s life and work. ASP attendees are presented with drunk driving awareness and prevention programming. Attendees must register in advance and pay the out-of-pocket fee in order to be able to do ASP. If the person fails to register and pay, then the person would have to serve their sentence at the county jail. ASP is only allowed if the Judge authorizes your participation in the program. It is not automatic.

How long does an OUI stay on your record in Maine?

Permanently.  In Maine, prior OUI convictions stay on your criminal record permanently.  These prior convictions can be counted if you are charged with another OUI/DUI offense.  In Maine, you cannot remove an OUI from your record.  There is not a way to get a pardon for an OUI conviction.  The conviction will show up on an in depth criminal background check.

Do misdemeanors go away in Maine?

No.  In Maine, misdemeanors stay on your criminal record.  The misdemeanor may be relevant and show up depending upon the depth of the background check.

Court Process for a First Maine OUI Offense

Here is the court process for First Offense OUI in Maine at the Unified Criminal Docket in Portland:

Maine Court Process for a First Maine OUI Offense

Arraignment

Assuming that Ted made the bail set by the Bail Commissioner, his first court date is an Arraignment. Usually, people facing a first offense OUI in Maine can make their set bail. When released on bail, Ted could face a number of bail conditions. In OUI cases, typical bail conditions include do not drive a motor vehicle unless properly licensed and no use or possession of alcohol. Since Ted is a bar tender, the bail condition of no use or possession of alcohol would prevent him from working as a bar tender.

At Arraignment, Ted will have the opportunity to answer to the charge in the form of Not Guilty after being read the charges by the Judge. If there were any objectionable bail conditions, such as the No Alcohol bail condition that would prevent Ted from working, then these issues can be addressed at Arraignment.

Had Ted not made his bail, then he would have sat in jail waiting to be brought in front of a Judge to be Arraigned, usually within 48 hours.

Dispositional Conference

A Dispositional Conference is when the District Attorney and Defense Counsel have an opportunity to meet to negotiate a resolution of the case without the necessity of a trial. If the evidence against Ted is faulty in some way, his Maine OUI criminal defense lawyer can present these facts to the District Attorney as a way to advocate for the most favorable resolution. If after reviewing any negotiated plea offers, and Ted does not wish to accept any of them, then the case would proceed to Pretrial Motion Hearings and a Jury Trial.

Pretrial Motion Hearings

After reviewing the discovery materials (police reports, etc.), the OUI criminal defense lawyer might identify grounds that certain evidence might have been obtained in violation of Ted’s constitutional rights. If this is the case, then the OUI criminal defense lawyer will file a Motion to Suppress (exclude) the questionable evidence. After filing the Motion to Suppress, a Suppression Hearing is held. After Hearing, the Justice rules on the Motion whether the evidence may be admissible at trial.

Jury Trial

At Trial, the District Attorney will use the written police report, witness statements, and chemical evidence to prove to the jury beyond a reasonable doubt that Ted was operating his motor vehicle while under the influence of alcohol. Ted’s Maine OUI defense lawyer will have the opportunity to cross-examine any testifying witnesses, including the arresting officer, and to examine the physical evidence relentlessly to assure the correct procedures were used. If necessary, Ted will use the testimony of an expert witness to examine the breathalyzer evidence. The outcome of a Trial is Ted will be found guilty or not guilty. While most first Maine OUI cases never reach this stage, going to trial and winning an OUI case is possible.

For More Information on a First Maine OUI Offense

If this article on a First Maine OUI Offense interests you, you might want to explore these related articles:

• How to save time and money when fighting drunk driving charges in Maine
• Maine First OUI Offense
• Drunk Driving Involving Drugs
• New Drunk Driving Law Takes Effect December 2013
• Questions to Ask your OUI Defense Lawyer
• Court Process for OUI Laws
• What Are the Maine OUI Laws?
• Standardized Field Sobriety Tests in Maine

Were you aware that in Maine you can be charged with impaired driving if you are under the influence of drugs?  Most Maine drunk driving cases are due to impairment by alcohol, but you can also get in trouble for drunk driving if you were impaired by illegal or prescription drugs.  In Maine, the consequences for drunk driving involving drugs are similar, and the risks the person accused of drunk driving involving drugs faces is also similar to that of a person charged with drunk driving involving alcohol. An arrest pertaining to Criminal OUI charges in Maine can be a scary and confusing experience, which can ultimately have serious impacts on your future, including fines and maybe even jail time in some cases.  If you have been accused of a crime pertaining to Criminal OUI charges due to drugs, it is important to quickly determine your defense strategy. Let’s take a moment to review what an accused should expect and what the accused can do to help in their defense.

1. What are the Maine OUI Laws and how are prescription drugs included?
2. How can one be arrested for drunk driving involving drugs?
3. Drunk Driving involving drugs and the BMV
4. Penalties for Drunk Driving involving Drugs.
5. How a DUI Defense Attorney can help?
6. The Maine Drunk Driving due to Drugs Court Process

What are the Maine OUI Laws and how are prescription drugs included?

A criminal OUI offense in Maine means that the district attorney is looking to prove that the accused:

drunk driving involving drugs

• Operated or Attempted to Operate a Motor Vehicle
• At the time, had a blood alcohol concentration of .08 or more
• Or at the time, was under the influence of intoxicants. Simply this means impaired due to alcohol, illegal drugs or prescription medications.

Arrest for Drunk Driving Involving Drugs

An arrest for drunk driving involving drugs can begin in much the same way that an arrest for drunk driving involving alcohol: some contact with law enforcement.  Here are some of the ways that you can come into contact with law enforcement for drunk driving:

• Officer Observes Operational Impairment– An officer observes the way you are driving and sees certain signs the might suggest impairment, such as weaving in and out of the lines on the road, performing a turn improperly, or driving too slow.  Such an observation gives the officer a reason to pull you over to see what else might be going on.
• The Sobriety Checkpoint– Law enforcement can set up roadblocks as a sobriety checkpoint, talking to the drivers to see if anyone might be impaired while behind the wheel.
• Routine Traffic Stop– Often, a client can have the misfortune of being stopped by law enforcement for a routine traffic stop, such as speeding or a tail light not working properly.  From that point, the officer will identify other signs of possible impairment.

If the contact with the officer offers some sign that you might be impaired, the officer might ask you to step out of the vehicle to perform the standardized field sobriety tests, which are voluntary.  If the officer has probable cause that you might be impaired from his contact with you, then you would be taken to the police station for an alcohol breath test. But wait!  Here, we are talking about impairment by drugs, not alcohol.  Here, if the person did not have anything to drink, and the person takes the breathalyzer test, the breathalyzer result would be 0.00.  At this point some might believe that this is the “get out of drunk driving free card.”  Sadly, it is not.  If you blow under a 0.08 on the alcohol breath test, but otherwise seem to be impaired from the total circumstances, that is not the end of the story. Blowing less than a 0.08 on the alcohol breath test only tells the officer that you may not be impaired due to alcohol.  At this time, the officer might bring in what is called a Drug Recognition Expert to perform a Drug Recognition Evaluation (DRE) in an effort to find out what might be causing your impairment.  The purpose of the DRE is to evaluate your symptoms in an effort to identify what drug might be causing your impairment.  This ends up with you providing another kind of “sample,” such as a urine sample or blood sample to be tested for the presence of drugs. When the officer believes that the cause of your impairment has been identified, then you would be summonsed for DUI or Operating Under the Influence of drugs.  Then you would be taken to the county jail for processing and for bail to be set.  Usually, bail in an OUI matter can be met relatively easily.

Drunk Driving Involving Drugs and the DMV

In Maine, the Bureau of Motor Vehicles (BMV) also becomes involved with DUI involving drugs.  In a few weeks after your arrest, you should receive a letter in the mail from the Maine Secretary of State warning you what your license is about to go under suspension.  When this letter arrives, you have only a small window of time to request a BMV Hearing or risk administrative suspension of your driver’s license.  To fight this license suspension, you need to request a BMV Hearing.  The question at the BMV Hearing is whether or not there is probable cause was that you operated your motor vehicle while under the influence of drugs. At the BMV Hearing, your attorney will present a case on your behalf and obtain testimony from the arresting officer for later use at trial.  If you prevail at the BMV Hearing, your license does not go under suspension.  If you do not prevail at the BMV Hearing, your license will go under suspension.

Penalties for Drunk Driving Involving Drugs

The penalties for drunk driving involving drugs in Maine include the same mandatory minimum penalties as for an OUI case involving alcohol.  See 29-A M.R.S.A. §2411.  These consequences include:

• First Offense OUI Conviction– A First Offense OUI charge is a Class D misdemeanor.  The mandatory minimum penalties upon conviction include (but are not limited to):
  • $500.00 fine (plus fees and surcharges)
  • Court-ordered license suspension for 150 days.
    • Some aggravating factors can result in an additional 275 day suspension.
  • A jail sentence of 48 hours if:
    • The BAC was 0.15 or higher (only in cases involving impairment by Alcohol).
    • The suspect exceeded the posted speed limit by 30 MPH.
    • The suspect eluded or attempted to elude the officer.
    • There were passengers in the vehicle who were under 21 years of age.
• Second Offense OUI Conviction in 10 years– A Second Offense OUI charge is also a Class D misdemeanor.  The mandatory minimum penalties upon conviction include:
  • $700.00 fine (plus fees and surcharges)
  • 7 days jail time
  • Court-ordered license suspension for three (3) years
  • Court-ordered suspension of your right to register a motor vehicle
• Third Offense OUI Conviction in 10 years– A Third Offense OUI charge is considered a Class C felony.  The mandatory minimum penalties upon conviction include:
  • $1,100.00 fine (plus fees and surcharges)
  • 30 days jail time
  • Court-ordered license suspension for six (6) years
  • Court-ordered suspension of your right to register a motor vehicle

All of these penalties are increased automatically in the event of a conviction for OUI Refusal, in which the accused refused to provide an alcohol breath test, blood, or urine sample.

How a DUI Drugs Defense Attorney Can Help

The one action that you should take quickly is to hire experienced legal representation.  Maine OUI Defense Attorney Chris Nielsen, is willing to help guide you through the process and manage your case.  When interviewing with a potential OUI Drugs defense attorney, here are some things to consider:

• Is the OUI Drugs Defense Attorney Experienced in Defending OUI matters involving Drugs?  Attorney Nielsen is experienced in this aspect, and he has taken similar courses taken by law enforcement officers pertaining to the administration of the DRE exams, which are common in OUI Drugs cases.
• Does the OUI Drugs Defense Attorney Look for Any Evidence Obtained in Violation of your Constitutional Rights?  When conducting their investigation when determining what caused your impairment, your constitutional civil rights need to be respected.  Any evidence obtained in violation of your rights can be suppressed (excluded) from being used against you at later court proceedings.
• Does the OUI Drugs Defense Attorney Look for Any Flaws in the State’s Evidence?  OUI Drugs cases are defensible, especially when the State’s evidence is potentially flawed.  For example, the DRE exam is a very subjective exam that can potentially come to an incorrect conclusion.  A good OUI Defense attorney will want to point out all of the weaknesses in the State’s case.

The Maine Drunk Driving involving Drugs Court Process

Arraignment

After your release from custody on bail, you will be provided with a court date where you will be formally Arraigned.  At Arraignment, you will have an opportunity to have the charges read to you by the judge and to answer to the charges in the form of Not Guilty.  If there are any remaining issues concerning bail, then the issue of bail can be discussed and addressed at Arraignment also.

Discovery and Expert Witnesses

When your OUI Defense Attorney receives a copy of the discovery materials (police reports, etc) from the District Attorney’s Office, a review of these reports will show whether the assistance of an expert witness might prove helpful, such as an expert to contest the State’s technical or scientific evidence, or perhaps a police procedural expert or forensic expert to test the reliability of any blood sample results. Your OUI Drugs Defense Attorney will be able to discuss with you what kind of expert might be appropriate in your case.

Dispositional Hearings

In addition, your OUI Drugs Defense Attorney should file a Motion to Suppress any evidence obtained in violation of your constitutional civil rights.  After this Motion is submitted to the Court, a pre-trial hearing will be scheduled.  Arguments from both sides would be heard at the hearing and memos drafted.  Ultimately, it is up to the Court to determine whether or not the evidence in question is admissible at trial. The other pretrial hearing in Maine is the Dispositional Conference or Docket Call, where the attorneys from the State and criminal defense meet to attempt to reach a resolution to the case without going to a trial.  In some counties in Maine, District Attorneys Offices have an official policy of “no negotiation” of OUI matters, including OUI by alcohol and by drugs.  When the District Attorney’s Office has such a “no negotiation” policy, then the Defense Attorney should be focusing on trying the case at Trial.

Trial

At the trial, the District Attorney will use the written police report, DRE results, witness accounts, and physical evidence to prove to the jury beyond a reasonable doubt that you were operating your vehicle while under the influence of drugs.  Your Maine OUI defense attorney will have the opportunity to cross examine the witnesses, relentlessly examine the evidence to assure correct procedures were used, and perhaps  even provide expert witnesses to contest the breathalyzer or other technical evidence.  The outcome of a Trial is that you will either be found guilty or not guilty either by a Jury or by the Judge.

Contact Maine OUI Defense Attorney Chris Nielsen

Chris Nielsen is a results-oriented Maine criminal defense attorney who has defended the rights of his clients in the Portland area for over ten years.  A conviction for Drunk Driving involving Drugs in Maine can carry very long lasting and significant negative impact on your future.  Please call the Nielsen Group for your free consultation today.  We will answer your questions and put your mind at ease as we work with you to determine your defense strategy. If you enjoyed this article on Drunk Driving involving Drugs, perhaps you may also like these articles.

• An Overview of the Maine OUI Administrative Hearings, what you need to know
• First Maine OUI Offense

This past year, the Maine Governor passed a new law changing license suspensions from the Maine Bureau of Motor Vehicles (BMV) for people charged with drunk driving for the first time.  This law takes effect in December 2013.

What is the Change Taking Effect in December 2013?

Before, if you were charged with drunk driving, the BMV suspended your driver’s license for ninety (90) days.  Starting in December 2013, if you are charged with drunk driving, the BMV will suspend your license for one hundred fifty (150) days.  This is a longer suspension for first-time OUI offenders.  [Read more…] about New Maine Drunk Driving Law Takes Effect December 2013 | Nielsen Group Law

You have just been arrested for drunk driving in Maine and charged with an Operating Under the Influence (OUI).  You are taken to the nearest police station and given an alcohol breath test.  You are taken into custody, fingerprinted, and processed at the county jail.  Immediately upon your release, you should contact a criminal defense attorney.

Before your first meeting or consultation with your OUI defense attorney, you should compile a list of questions to ask.  Your attorney should be able to help you determine a defense strategy for your case.

Some possible questions include (but are not limited to):

• Where is your office located?
• What are the charges against me and how serious are they?
• How long have you been practicing law?
• How much experience do you have in handling OUI offense?
• What potential defenses do you see working for my case?
• What is the goal for the outcome of my case?
• What are the strong/ weaker points of my case?
• What are the best and worst scenarios for my case?
• Should I take my OUI case to a trial?
• Are there any alternative sentencing programs available in my case instead of jail time?
• What rights do I have while under the supervision of the criminal justice system?
• Will you be handling my case personally?
• What is your rate or retainer fee?

You should never feel nervous or uncomfortable around your attorney.  Your lawyer should help to make you aware of your circumstances and the risks you will be facing.  By asking questions, you can learn more about the charges you are facing and how the criminal defense attorney can help.

Accused of a violating Maine OUI Laws?

In Maine, driving under the influence is referred to as operating under the influence (OUI).  Let’s take a high-level look at the court process for Maine OUI laws.  If you are found to have a blood alcohol content of 0.08% or above, you can be arrested and charged with Criminal OUI in Maine.  The first thing you need to be aware of is that at the time of the “operation,” you need to be operating a car or other motor vehicle, including motorcycles, motor boats, and all-terrain vehicles (ATVs), among other motorized vehicles.  The second element of an OUI charge in Maine is that you need to be “impaired.”  Being impaired includes intoxication by alcohol, but it also includes impairment from illegal drugs, prescription medications, or a combination thereof.

Often when accused of violating Maine OUI Laws, a maze of questions arise, such as:

• “How do I get my vehicle back?”
• “How do I get driving privileges for work”
• “Am I going to go to jail?”
• “How much does a conviction cost?”
• “What other penalties for drunk driving in Maine are there”
• “How accurate is a breath test?”

With so many questions, what is the first step when understanding the court process for Maine OUI Laws?

KNOW YOUR RIGHTS

For over 10 years, I have defended individuals accused of violating the Maine OUI Laws. My practice mainly focuses upon defending Operating Under the Influence charges. I have taken additional legal education and training focused on defending those accused of violating Maine OUI Laws. Being accused of drinking and driving carries serious consequences. A conviction will have jail time and fines. Having an attorney by your side during all stages of the investigation is crucial to protecting your rights.  I advise you on the nuances of the court process for Maine OUI Laws. In these crimes, the question comes down to can the prosecutor prove your guilt beyond a reasonable doubt. I can examine the evidence and the process the police used to arrest you focused upon finding any gaps or questionable items, using my addition legal education focused on defending those accused of Operating Under the Influence.

All Maine OUI arrests follow a certain procedure within the courts.  Let’s walk through the Maine OUI Process step by step.  In the end you will understand how Maine OUI Laws are measured in the legal process.

THE TRAFFIC STOP

An OUI starts with the traffic stop.  If a law enforcement officer observes “signs of impairment,”  the officer can pull you over and ask if you have been drinking.  “Signs of impairment” can be weaving between the lines on the road, speeding and/or driving too slow, taking wide turns or hitting the curb.  You could also be stopped at a roadside sobriety checkpoint.  Either way, when the officer meets you at the driver’s side window, that officer will be looking for additional “signs of impairment,” including the classic smell of alcohol coming from inside the vehicle.

At this point, if the officer suspects you might be under the influence of alcohol, the officer may ask you to submit to a standardized field sobriety test (SFST).  These tests, sometimes referred to as the “sidewalk Olympics,” are not designed to test your “sobriety” per se, but to test your ability to listen to directions and perform tasks at the same time.  You are not obligated to submit to the standardized field sobriety tests. If you are going to refuse to take the SFSTs, you can refuse to take them without a negative impact on you at later court proceedings.

Based on your SFST performance, the officer may have probable cause to believe that you are indeed impaired.  With probable cause, you would be taken to a Maine police station for a chemical test.  The chemical test test determines if your blood alcohol content is 0.08 or higher.  With a blood alcohol content of 0.08 or higher,  you would be arrested and charged breaking the Maine OUI Laws. In most cases your offense will be Criminal OUI.

BREATH, BLOOD, AND URINE TESTING

You can depend upon being asked to take a breath test.  If there is any reason why you could not provide an adequate breath sample or other reasons, you might find yourself requested to take a blood or urine test.  As does any test, there are varying degrees of accuracy.  The breath testing equipment requires fine tuning and calibration, as well as a properly certified officer to administer the breathalyzer.  The administration of a breath test must be done exactly by the book.  In Maine, you are required to submit to a chemical test.  If you refuse a chemical test, you can be charged with OUI Refusal, which automatically carries higher mandatory minimum penalties.

THE ARREST

If you are suspected of drunk driving in Maine and have not passed the chemical test, you will be taken into custody.  First, Miranda rights should be read advising you of your rights to remain silent and to have an attorney present while being questioned by police.  We advise you to keep that right to not answer questions and to ask for an attorney.  Your personal information, such as biographical information, will be requested by the officer.  Next, the officer completes a background check to determine if this arrest is the first OUI offense and check if the accused has a criminal history.  Mug shots and fingerprints are taken.  The police department takes and stores your personal property before you are placed into the holding cell.  Typically, assuming that you are able to make bail, you would spend up to a few hours in holding until you are released.

THE BMV HEARING

In Maine OUI cases, you will not only be facing one, but actually two separate cases in two separate venues.  After the arrest and when you receive the notice from the Bureau of Motor Vehicles (BMV) warning you that your license is going to go under administrative suspension, you have only a limited window to act or you could be at risk for losing your driving privileges.  What happens is after your OUI arrest in Maine, the BMV will move to suspend your driver’s license administratively based only on the police report.  In an attempt to prevent the administrative suspension of your license, you need to request a BMV hearing.  When you request an Administrative Hearing, the Maine Secretary of State will place a “stay” (postponement) on your administrative license suspension date until after the hearing.  At the BMV Administrative Hearing, your attorney will present a case on your behalf, and the Hearing presents an opportunity for your attorney to obtain testimony from the arresting officer for use at future court proceedings.  If you prevail at the Administrative Hearing, your license will not go under suspension.

Even if your license is not suspended by the BMV, your license may still be suspended from the penalties stemming from an OUI conviction, which also includes fines and possible jail time.  The one action you can take quickly to help yourself is to have strong experienced legal representation.  Maine OUI Defense Attorney, Chris A. Nielsen, is willing to help guide you through this process and defense for violating the Maine OUI Laws.

THE ARRAIGNMENT

You will be formally Arraigned in front of a judge, where you have an opportunity to answer to the charge in the form of your plea of Not Guilty.  While standing before the judge, the details of your charges will be read.  If the accused cannot afford to pay bail, or if there are objectionable bail conditions, then the issue of bail can be addressed at Arraignment also.

PRETRIAL MOTIONS

If after reviewing the discovery materials (police reports, etc.) in the case, the criminal defense attorney feels that there are grounds that certain evidence might have been obtained in violation of your Constitutional rights, then the attorney would file an appropriate pretrial motion, such as a Motion to Suppress the questionable evidence.  After filing the Motion, a Suppression Hearing is held, and memoranda of law are submitted to the Judge for review.  Then, the Judge rules on the motion, determining whether any potentially questionable evidence may be allowed into evidence at trial.  If successful, this can result in key pieces of evidence being omitted and not used at Trial.

PRETRIAL HEARING

The pretrial hearing, often called a Dispositional Conference or Docket Call in Maine, is when the District Attorney and Defense Counsel have an opportunity to meet to negotiate a resolution of the case without the necessity of a trial.  If the evidence against you is faulty in some way, your Maine OUI defense attorney can present these facts to the prosecutor and negotiate regarding your case.  In some instances, the case may be dismissed or the charges reduced in the form of a plea deal.  As you can see there is a clear benefit to have legal counsel advocate on your behalf.  If after reviewing any negotiated offers the Defendant does not wish to accept the deal offered, then the case would proceed to Jury Selection and a Trial.

After the pretrial hearing is the time when attorney Chris A. Nielsen can challenge the State’s evidence against you that was collected in violation of your constitutional rights.    Sometimes, this challenge may even result in your case being dismissed altogether.

THE TRIAL

At the trial, the District Attorney will use the written police report, witness accounts, and physical evidence to prove to the jury beyond a reasonable doubt that you were operating your vehicle while under the influence of alcohol and/or drugs and violated the Maine OUI Laws.  Your Maine OUI defense attorney will have the opportunity to cross examine the witnesses, relentlessly examine the evidence to assure correct procedures were used, and even provide expert witnesses to examine the breathalyzer or other technical evidence.  The outcome of a Trial is that you will either be found guilty or not guilty either by a Jury or by the Judge.  Most drunk driving cases never reach this stage.  When you have a strong legal advocate, you have a better chance of resolving the charges before ever reaching this stage.

Contact Maine OUI Attorney Chris Nielsen

If you have been charged with violating Maine OUI laws, please contact The Nielsen Group.  Maine OUI Defense Attorney, Chris A. Nielsen, is well known in Maine for providing excellent legal representation for those accused of violating Maine OUI Laws.  He has taken additional education courses and training to help someone charged with an OUI in Maine. If you take the opportunity to call him, your calls are routed directly to his competent staff and him. He can help by answering preliminary questions, helping you with your pending court date, and providing a realistic, detailed review of what to expect in court. It will be time well spent as you find out how a Maine OUI attorney can assist you in your defense.

If you enjoyed this process overview for Maine OUI Laws, you may also want to read:

• Questions to Ask Attorney when charged with violating Maine OUI Laws
• What are the Maine OUI Laws?

Let’s take a look and assure we understand what the Maine DUI Laws are at least at a high level.

Maine DUI Laws

In states other than Maine, the crime is commonly referred to as Driving Under the Influence (DUI). In Maine DUI is actually referred to as OUI. OUI is an acronym for Operating Under the Influence. Operating Under the Influence as a crime which involves operating a motor vehicle while under the influence of intoxicants or while having a blood alcohol test (BAC) of .08% or higher.  The term Operate refers to either engage a transmission to direct power to the wheels of a motor vehicle or an attempt to do so.  Under the Influence references when a person is impaired to some degree by intoxicants.  Intoxicants can include over the counter drugs, prescription drugs, alcohol, or any other substance which is able to impair the individual operating the motor vehicle.  Please keep in mind, with prescription drugs, it is not a defense that it was a prescription.

Minimum Sentences For OUI in Maine:

An OUI in Maine is classified as a Class D misdemeanor. It carries a maximum jail sentence of 364 days and a maximum fine of $2000. The Second offense OUI is a misdemeanor too however the line is drawn at third offense OUI is a felony. Maine OUI laws allow probation for some misdemeanor OUI crimes. If you find yourself in violation of the Maine DUI Laws, a Maine OUI defense attorney may be able to advise you on the best approach to manage your case and clarify the sentencing requirements and classifications.

Contact Criminal Defense Lawyer Chris Nielsen

If you or someone you know is accused of violating Maine DUI Laws, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced Maine criminal defense attorney. We will take the time to assure we answer all your questions and put your mind at ease.

If you enjoyed this post on the Maine DUI Laws, you may also want to read:

• Court Process for Maine OUI Laws
• Aggravated Cultivation of Marijuana – the story of a felony charge

In Maine, there are many types of OUI related charges.  All OUI charges should be taken very seriously because with a conviction, you can expect consequences.  Consequences ranges from jail time to community services.  To help you navigate the legal system, a Maine OUI Defense attorney can be most helpful.  The OUI process is complicated and confusing at time.  It also will take a considerable amount of your valuable time.  However an experienced Maine OUI defense attorney will help to build a defense and provide guidance on how to best proceed.  Some of the most common OUI related charges often seen are:

Maine OUI Defense Attorney – Chris A. Nielsen, Esq.

• First OUI: If your blood alcohol content (BAC) is .08% or over and you have no prior OUI convictions, you will receive a OUI charge.  Unfortunately, the first time conviction has severe penalties give certain circumstances including license suspension, severe fines among other consequences.
• Second OUI: If you have a BAC of .08% and you have one existing OUI conviction in the past 10 years, you will be charged with a 2nd OUI.
• Third OUI: If you are stopped by police and found to have been driving with a BAC of .08% or higher and have 2 previous OUI convictions within the past 10 years, you will be charged with a 3rd OUI.
• Multiple OUIs: For every existing OUI conviction you have had on your record in a 10 year period, each additional OUI charge will increase in severity.  The consequences of having multiple OUIS are very strict and can include years of license suspension and several months of jail time.  You may also be charged with a felony OUI.
• OUI: Maine OUI charges can cover drugs as well as alcohol.  Prescription and sometimes even over the counter medications can bring about a Maine OUI Charge.  It is important to be aware, that the system used by police to determine and measure drug impairment is subjective.  Reviewing your case with a Maine OUI lawyer soon after arrest will help you determine your best course of action.
• Out of State OUI:  Maine is a beautiful area and we are often visited by tourists.  If while vacationing in Maine, you are charged with a OUI, there may be impacts to your driving privileges at home.   A seasoned Maine OUI attorney can manage your case and even appear in a Maine court on your behalf.
• Hit and Run OUI:  If you cause an accident or even property damage and leave the scene of the accident.  That is considered a hit and run.  If the police suspect you left the scene because you were under the influence at the time.  You may find yourself accused of OUI charges in addition to hit and run charges.
• BUI:  Boating Under the Influence (BUI) also carries serious charges.  Drinking and Boating is not legal and may have impacts on your driving privileges.
• OUI Injury: If you cause an accident where an injury or death resulted in Maine, and your BAC was at least .08% or higher the charges are severe.
• OUI Fatality: If in the maine vehicle accident a person loses their life, and your BAC is at .08% or over, you will be accused of a OUI fatality.  Depending on the circumstances of the case, these charges have the ability to be very severe.
• Commercial OUI:  If you hold a Maine commercial driver license and receive a OUI, you will be accused of a Maine Commerical OUI.  This can be the charge even if you were not working when the OUI arrest was made.  Your employment could be in jeopardy if you are convicted.
• Felony OUI:  As stated earlier, several instance can result in a felony OUI charge.  It is wise to be aware that one you are convicted of a felony OUI, a line in the sand is drawn and all future Maine OUI charges will be considered felonies as well.  A felony conviction will remain on your criminal record and carries serious consequences.
• Underage OUI: The legal drinking age in Maine is 21.  If you are under the legal drinking age in Main and stopped with a BAC of .01% or more, you will be charged with a Maine Underage OUI.  Given the consequences and impacts to your future, having a Maine OUI attorney review the case will help you determine your options.

A Maine OUI attorney should be familiar with the legal system and the charges.  They should help to advise you on different courses of action given the unique circumstances of your situation.

After a driver is pulled over by law enforcement, and if the law enforcement officer wants to determine whether the driver may be impaired, the law enforcement officer may ask the driver to step out of the car or motor vehicle in order to perform a few standardized field sobriety tests in Maine.

The purpose of the standardized field sobriety tests in Maine is not to test of your physical fitness, and they are not a definitive measure of driver’s “sobriety.”  In fact, the field sobriety tests in Maine examine a person’s ability to divide his or her attention among multiple tasks, such as hold one leg out straight in front while listening to instructions and following them.

Common Types of Field Sobriety Tests in Maine

Let’s take a closer look at some of the common standardized field sobriety tests in Maine.

• Follow the pen with the eyes, otherwise known as HGN:  Sometimes this exam is performed at a doctor’s checkup.  You follow the tip of the law enforcement officer’s pen with your eyes.
• The “walk and turn”: A law enforcement officer may ask you to “walk the line” with one foot in front of the other, heel to toe and then turn in a prescribed fashion and then walk back.
• Stand on One Leg: A law enforcement officer may ask you to stand on one leg and hold the other leg out in front of the while counting forwards.

It is important to understand that a driver’s “success” or “failure” in these field sobriety tests in Maine by itself is not “proof” that the driver is “impaired.”  They only provide the police officer with probable cause to believe that you probably are impaired, at which time the cop would take you to the station for a blood alcohol test.

Also, the standardized field sobriety tests in Maine are not flawless.  The law enforcement officer needs to be trained properly to administer these tests, and the tests need to be executed correctly.  If the law enforcement officer provides incorrect or poor instructions to execute the test, and the driver is said to have “failed,” how do we know that it was not the instructions that were not up to par?

Also, the driver’s physical and medical conditions need to be taken into account.  Importantly, the law enforcement officer is responsible for asking the driver whether he or she is taking any medications prescribed by a doctor or have any medical conditions or injuries that may interfere with the driver’s ability to perform the standardized field sobriety tests in Maine.  If the law enforcement officer fails to ask this question, then the results of the standardized field sobriety tests in Maine can possibly be incorrect.

If you or someone you know is facing a charge of OUI / DUI / DWI, and took the field sobriety tests in Maine, I encourage you to contact The Nielsen Group for your free consultation with a criminal defense lawyer!