Maine OUI Defense Attorney
If you have been charged with operating under the influence (OUI) in Maine, hiring an OUI defense attorney is critical. An OUI conviction not only risks jail time and fines, but it also impacts your driving privileges. The government can even suspend your license before you respond to the charges against you—unless you object in time.
A knowledgeable, experienced OUI defense attorney can guide you through the process, protect your rights, and work to get the best end for your case. David J. Bobrow Office of Law, LLC is dedicated to providing personalized legal representation to clients in Maine, New Hampshire, and Massachusetts. Contact us today.
What Is an OUI?
In Maine, you commit OUI if you operate a motor vehicle while impaired by alcohol, drugs, or both. The prosecution (attorney for the State) must prove each part of the offense beyond a reasonable doubt. That means the prosecution must convince a judge or jury that, before you were arrested, you were (1) operating a motor vehicle while you were (2) impaired by alcohol, drugs, or both.
Operating a Motor Vehicle
Operating a motor vehicle usually means what it sounds like: driving a car. Yet, operating another type of motor vehicle, like a boat or motorized scooter, may count.
You do not necessarily have to drive a car to operate it, either. Law enforcement may charge you with OUI if you can control the vehicle’s movement, for example, sitting in the driver’s seat with the engine running.
Impairment
Maine law considers you to be “impaired” if you have a blood alcohol content (BAC) of 0.08% or higher. An officer might also suspect you are committing OUI if they observe you driving erratically, which may involve:
- Swerving,
- Speeding,
- Driving too slowly for the area, or
- Failing to obey traffic signs or signals.
Once the officer initiates the stop, they begin to observe your behavior for signs you may be impaired. An officer might rely on the following as evidence that you are impaired:
- Slurred speech,
- Bloodshot eyes,
- The smell of alcohol or marijuana, or
- Difficulty following instructions.
Based on their observations, the officer may test how impaired you are using:
- Field sobriety tests;
- A preliminary breath test (PBT) to measure BAC at the scene; and
- Chemical testing of the driver’s breath, blood, or urine.
If chemical testing confirms you have one or more drugs in your system, the prosecution may use that test as a piece of primary evidence that you committed OUI.
Steps in the OUI Process
There are multiple steps involved in an OUI charge. The process begins with an investigation by a police officer.
Investigation
When investigating a potential OUI, law enforcement follows several steps, including:
- Observing how you are driving,
- Initiating a traffic stop,
- Analyzing your behavior during the stop, and
- Testing your level of impairment.
To move from one step to the next, the officer must reasonably believe you are likely to be impaired.
Arrest and Charges
If the officer has enough evidence (“probable cause”) to believe you are impaired by drugs or alcohol, such as if you fail field sobriety tests or have a high BAC, they may arrest you. They will typically take you to a police station or, if you need medical attention or the police want specialized tests, to a medical facility. There, they may complete a more formal chemical test to measure the amount of alcohol or drugs in your body. If they suspect drugs, they may perform what is termed a “DRE” test. If the evidence continues to support an OUI charge, law enforcement informs a prosecutor, who decides whether to charge you.
License Suspension
After you are arrested, the government may suspend your license, even before the State formally charges you with a crime. You can file paperwork to object to the suspension. Depending on the circumstances, you may be able to stop the automatic suspension.
Pretrial Issues
When the prosecutor decides to charge you, they inform you of the charges and begin the formal criminal court process. The judge may require you to post bail (pay a bond, which you get back at the end of the process as long as you show up for court hearings) before the State releases you from jail.
Before trial, you may:
- Argue that the State should not get to use certain evidence to support the charges (move to suppress evidence),
- Assert that police violated your constitutional rights before, during, or after the arrest (challenge the legality of the stop), or
- Question the accuracy of the field sobriety or chemical tests.
You can also try to convince the State to dismiss or reduce charges (charge you with less serious offenses) or negotiate a plea deal. Often, negotiating with the State involves agreeing to participate in programs designed to be an alternative to jail time.
Trial
If you go to trial, the prosecution presents evidence, including the officer’s testimony about the traffic stop and the results of any tests. You can also present your own evidence (but you don’t have to), and you can challenge the State’s evidence, including the officer’s observations, the reliability of any field tests, or the accuracy of any chemical tests.
Verdict
After the prosecution presents their case and you defend against it, the jury or judge issues a verdict. If the verdict is guilty, the case moves to the sentencing phase.
In sentencing, the judge imposes penalties, often including:
- Fines,
- Jail time,
- License suspension, and
- Mandatory alcohol or drug abuse and education programs.
You may have a chance to explain why the judge should order less severe penalties during sentencing.
Depending on the circumstances, the court may require you to install an ignition interlock device in your car. You blow into the device, which measures your BAC. If your BAC is too high, the car will not start.
What Is “Implied Consent”?
Maine, like other states, has “implied consent” laws. Maine’s implied consent law declares that, by getting a driver’s license, you implicitly consent to allow police officers to use chemical testing to measure your level of impairment when they suspect OUI. In other words, you consent to a breathalyzer or chemical test simply by becoming a licensed driver and driving on government roads.
Refusing to take a breathalyzer or chemical test may result in immediate license suspension, even if you are not charged with or convicted of a crime. Plus, the prosecution may use the fact that you refused testing as evidence against you in criminal court.
Consequences of OUI Conviction in Maine
Common consequences of an OUI conviction in Maine include:
- Fines from a few hundred to more than a thousand dollars;
- Confinement between a few days to several years in jail;
- License suspension for at least 150 days; and
- Requiring you to complete a substance abuse program.
Some circumstances can increase the potential penalties related to an OUI charge or lead to additional charges, including:
- Someone being harmed or killed in the incident leading to OUI charges;
- Having one or more previous OUI convictions; and
- Driving on a suspended or revoked license.
Increased penalties may involve more jail time, higher fines, a longer license suspension, or even license revocation.
Defending Against Charges with an OUI Attorney
Your attorney will guide you through defending against the charges, which may include:
- Carefully examining all prosecution evidence for inaccuracies or gaps in information;
- Evaluating police conduct to ensure officers followed proper procedure; and
- Analyzing whether the government violated your rights during, before, or after arrest.
A lawyer may also negotiate a plea deal, which typically involves you agreeing to plead guilty in exchange for the prosecution:
- Reducing charges,
- Dismissing charges, or
- Agreeing to recommend less severe penalties.
An OUI defense attorney will ultimately protect your rights, guide you through complex laws, and create an effective defense strategy.
Why Choose Us?
Our office proudly offers exceptional legal services for clients facing OUI and similar charges. With over 20 years of experience, David Bobrow has earned recognition from his peers as he represented clients in Maine, New Hampshire, and Massachusetts criminal defense matters. If you are facing OUI charges, contact our office today to schedule a consultation with an experienced OUI attorney. Let us protect your rights, minimize the consequences, and help you move forward.
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