What Are The Maine Oui Laws?

Tue, 29 May 2007 21:19:00 GMT

Maine has very tough OUI laws. The lowest level of OUI in Maine can send you to jail for up to 364 days, put you on probation for up to one year, make you pay a fine of up to $2000, and take your license for up to six years. A felony OUI involving serious injury or death can send you to jail for year and revoke your license for life. Obviously, few first offenders can expect to see maximum penalties. Even so, the penalty that is imposed in average case is serious. This FAQ was provided by LawInfo Lead Counsel Member Wayne R. Foote, Esq.

Am I Entitled To The Advice Of An Attorney Before Deciding Whether Or Not To Submit To Chemical Testing?

Tue, 29 May 2007 21:19:00 GMT

No. However, some officers (very few) will give a chance to call a lawyer.

Do I Get To Chose Among The Different Chemical Tests?

Tue, 29 May 2007 21:19:00 GMT

Under most circumstances you do not. The officer is allowed to require a breath test unless it is deemed "unreasonable." If you are allowed a blood test, you may have "a physician" draw your sample, if "a physician" is reasonably available. Police officers have been misled to believe that you may only chose a doctor if it is your doctor and he/she is reasonably available.

Do I Have To Take Field Sobriety Tests If Asked To Do So By A Police Officer?

Tue, 29 May 2007 21:19:00 GMT

No. Field sobriety tests must be done (in order to be admissible) on a voluntary basis. The police officer is not allowed to force you to do them. Keep in mind that statements that you make as reasons for not voluntarily participating in field sobriety tests may be admissible at trial. Statements like "I couldn't do that even if I was sober" may prove to be as, if not more, harmful than failing the tests. If you do not wish to attempt the tests, you may simply decline the police officer's request that you voluntarily participate.

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar Yes
Photo Radar No
Aircraft Yes
Laser Yes

How Can A Lawyer Help Me With A Dui Matter?

Tue, 29 May 2007 21:19:00 GMT

Drunk driving defense is a highly specialized field within the general practice of criminal defense and law, in general. You are permitted, or course, to represent yourself. Many lawyers will take your case and be unaware of potential defenses due to their lack of knowledge in drunk driving defense as opposed to other areas of practice. If you are serious about your case, you should hire someone with the experience and ability to defend you zealously and effectively.

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid in person and traffic infractions can also be paid by mail.

How Do I Pick A Lawyer To Defend Me?

Tue, 29 May 2007 21:19:00 GMT

Shop around. Drunk driving defense is a special field of criminal defense which, in turn, is a special area of the practice of law. Do not be afraid to ask lawyers tough questions; make sure the lawyer whom you pick has won drunk driving trials and is willing to try cases that ought to be tried. Do not choose a lawyer who appears to simply want your money and not represent you zealously and fairly.

How Long Can They Suspend My License For? Can I Get Work Privileges?

Mon, 04 Jun 2007 21:51:22 GMT

The length of suspension depends upon the circumstances of the case. A first offense suspension for having a BAC over .08% is usually for ninety days. You can get a workonly license for ninety days on a BMV suspension, but only for the last thirty days on a court suspension. A first offense .08 suspension is the only suspension for which a work license is available. There is no work license available for a refusal (9 months to 6 years), having a minor in the vehicle (additional 9 months), or for repeat offenders (18 months for a 2nd offense, and 4 years for a 3rd offense.) This FAQ was provided by LawInfo Lead Counsel Member Wayne R. Foote, Esq.

I Blew Over A .08% Bac On The Intoxilyzer. Do I Automatically Lose My Case?

Tue, 29 May 2007 21:19:00 GMT

No, a .08% BAC or above test does not mean that you are automatically guilty. Many factors can affect a breath test including medical conditions, chemical exposure and body temperature. Also, you may have been illegally stopped or deprived of important rights during your arrest. In the hands of a skilled OUI/DWI/DUI defense attorney these facts and many others can lead to an acquittal or dismissal of charges. This FAQ was provided by LawInfo Lead Counsel Member Wayne R. Foote, Esq.

I Have Been Charged With An Oui In Maine. What Is Likely To Happen Now?

Tue, 29 May 2007 21:19:00 GMT

Two different state agencies will start to work to penalize you. The Bureau of Motor Vehicles will probably send you a notice of license suspension. You have only ten days from the suspension date to appeal the suspension. This appeal is important because a BMV suspension remains in effect even if you eventually win in court. Meanwhile, the District Attorney will begin prosecuting you. When you show up in court on the date on your ticket or bail papers, you will be asked to plead guilty or not guilty. If you plead guilty you will be sentenced at that time and lose your license then and there. If you plead not guilty the matter is set for trial. You have only a limited time, usually 21 days, in which to file motions challenging the evidence or to request a jury trial. This FAQ was provided by LawInfo Lead Counsel Member Wayne R. Foote, Esq.

If My Test Result Is A .08% Or Higher, Am I Automatically Guilty?

Tue, 29 May 2007 21:19:00 GMT

No. Please click on my sample cases. Breath testing and blood testing are often inaccurate methods of calculating a person's true blood alcohol concentration. Sometimes the BAC at the time of testing does not accurately reflect that person's BAC at the time of driving. Other times the test result is just wrong due to errors on the part of the person taking the sample, other chemicals being reported as alcohol, contamination, and/or failure to maintain proper protocol in calibration checking of the testing instrument, etc.

Is The Police Officers Failure To Give Me Miranda Warnings Fatal To The States Case?

Mon, 21 Apr 2008 17:30:48 GMT

Not necessarily. The officer is only required to provide you with Miranda warnings when and if the following occurs:

You are in custody (the roadside investigation is rarely deemed to be custodial), and
You are being interrogated (ie. asked questions which are designed to illicit incriminating responses).

The remedy for Miranda violations is that the State is not allowed to introduce your answers/statements that were obtained by that violation in its case-in-chief. There is no automatic dismissal of the charges.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

Should I Admit To Or Deny Drinking Alcohol If Asked By A Police Officer?

Tue, 29 May 2007 21:19:00 GMT

The officer can not tell how much you have had to drink by smelling your breath. However, if he is asking, he probably smells it. Even drinking a small amount of alcohol results in "an odor of intoxicating liquor" on the breath for a relatively long period of time. Lying to the officer may be considered "consciousness of guilt" by a jury and/or undermine your credibility at trial. Remember, you are afforded a constitutional protection against self incrimination. You may simply tell the officer that you do not wish to answer his question. Likewise, you may tell him what you have had to drink if it was a relatively small amount (ie. not enough to impair you or cause you to exceed the legal limit). If you are inclined to deny drinking when, in fact, you have been, remember that the police officer will be inclined to trust his nose more than his ears.

Should I Refuse To Take A Breath Test If The Police Arrest Me For Oui?

Mon, 04 Jun 2007 21:51:22 GMT

No. In Maine a refusal to take a breath test can result in a license suspension for nine months or more, even if you win the OUI case. If you go to trial the prosecutor is allowed to tell the jury that you refused a test. If you are convicted a refusal can result in much harsher penalties under the Maine OUI Laws. This FAQ was provided by LawInfo Lead Counsel Member Wayne R. Foote, Esq.

Should I Submit To Chemical Testing At The Officers Request?

Tue, 29 May 2007 21:19:00 GMT

If you refuse to submit to chemical testing, you will receive an administrative suspension (prior to your court date) of at least 275 days. Even if you request an administrative hearing, the suspension will remain in effect until the date of the hearing. If you lose the administrative hearing, you will not be eligible for a work restricted license until 180 days have passed. You will also have to complete counseling in order to receive a work restricted license. In the criminal case, if you are convicted, and if you refuse to be tested, you will receive an additional license suspension of at least 90 days and a minimum jail sentence of four days and a fine. Penalties for multiple offenders are more severe. If you take a test, the administrative suspension will be 90 days at a minimum (first offenders). However, unlike people who refuse testing, you will keep your license until the date of the administrative hearing. Even if you lose that hearing, you are entitled to a work restricted license immediately (processing takes about 10 14 days). In the criminal case, if you are convicted, and if you took a test. there will be a minimum license suspension of 90 days. You may obtain a restricted license for the last 30 days if you have completed counseling (the degree of counseling varies depending on the test result). You will also receive a fine (minimum $400) and a minimum 48 hour jail sentence if the result is a .15% BAC or higher. These are minimum penalties. People with prior convictions are subject to higher fines, longer suspensions and longer jail sentences as are people whose cases involve other aggravating factors.

The Police Didn't Read Me My Rights, Don't They Have To Do That?

Mon, 04 Jun 2007 21:51:22 GMT

The police have to read you your rights if they intend to question you after you are in custody. If they don't do that after your arrest and before questioning you, evidence the police obtained from your statements and the statements themselves might be excluded at trial. A skilled OUI/DWI/DUI defense attorney can determine whether a motion to exclude evidence is warranted in your case. This FAQ was provided by LawInfo Lead Counsel Member Wayne R. Foote, Esq.

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are prohibited in the vehicle.
Unloaded firearms are permitted in the vehicle but must be in plain view. Studded tires are permitted from October 1 to May 1.
Tire chains are not required.
Maine has a seat belt law with secondary enforcement for front seat occupants.
Maine has a mandatory child restraint law for passengers under 20 years of age. Children under age 5 must use approved car safety seats.
Maine has a mandatory motorcycle helmet law for persons under 15 years of age, all drivers with a learner's permit, and for all persons if driver has had license less than one year.
Registration and insurance card must be carried in the vehicle.

What Are The Bureau Of Motor Vehicle's Penalties?

Tue, 29 May 2007 21:19:00 GMT

The BMV can suspend you license just like the courts can, even if you win the OUI. The suspension periods are the same as for the court suspensions listed above. If you refuse a breath test the BMV can take your license for up to sixyears, with 275 days suspension being the penalty for a first refusal. While you have a right to a hearing, you must request the hearing within ten days of the suspension date in the notice of suspension form BMV. This FAQ was provided by LawInfo Lead Counsel Member Wayne R. Foote, Esq.

What Are The Court's Penalties For A First Time Offense?

Tue, 29 May 2007 21:19:00 GMT

If you have no prior OUI/DWI/DUI's in any state in the last ten years, you are considered a first offender. A first offense OUI with no aggravating circumstances carries a mandatory minimum penalty of 90 days license suspension and a $400 fine. The first sixty days of that suspension are without a workonly license. If you have aggravating circumstances such as a BAC above .14, a passenger under 21 years of age, excessive speeding or an accident, there is a mandatory twoday jail sentence. If you refuse to take a breath or blood test the mandatory minimum sentence is four days in jail and a $600 fine. All fines have substantial surcharges of about 17%. Some judges routinely exceed these minimum sentences. This FAQ was provided by LawInfo Lead Counsel Member Wayne R. Foote, Esq.

What Are The Court's Penalties For A Fourth Offense?

Tue, 29 May 2007 21:19:00 GMT

A fourth offense, or an OUI involving an accident with a serious injury or death of anyone, is a felony even if the OUI did not cause the accident. It carries a possible 5year sentence and a minimum jail term of six months (six months and twenty days for a refusal), a minimum fine of $2,000 ($2,400 for a refusal) and a sixyear license suspension without a workonly license. A driver who causes the death of another person because the driver is OUI faces 20 years in prison, a $20,000 fine and a lifetime license suspension. This FAQ was provided by LawInfo Lead Counsel Member Wayne R. Foote, Esq.

What Are The Court's Penalties For A Second Offense?

Tue, 29 May 2007 21:19:00 GMT

A second offense carries a minimum sevenday jail sentence (twelve days for a refusal), a $600 fine ($800 for refusal) and an 18month license suspension without a workonly license. This FAQ was provided by LawInfo Lead Counsel Member Wayne R. Foote, Esq.

What Are The Court's Penalties For A Third Offense?

Tue, 29 May 2007 21:19:00 GMT

A third offense carries a minimum thirtyday jail sentence (forty days for a refusal), a $1,000 fine ($1,300 for refusal) and a fouryear license suspension without a workonly license. This FAQ was provided by LawInfo Lead Counsel Member Wayne R. Foote, Esq.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law and financial responsibility law. Minimum limits: $20,000/40,000/10,000.damages.

What Are The Speed Limits In Maine?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted
Absolute Interstate 65 mph
Ltd Access Rds 55 mph
Other Primary Rds 55 mph
Residential 25 mph

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is Oui?

Tue, 29 May 2007 21:19:00 GMT

OUI/DWI/DUI is a crime involving drinking and driving. In Maine it is called OUI. OUI means either or both of two things: First, OUI is operating or attempting to operate a motor vehicle while under the influence of intoxicants. "Intoxicants" are any substance, including alcohol and both illegal and prescription drugs. A person is "under the influence" if their mental or physical faculties are impaired to the slightest degree, regardless of whether it affects the a actual operation of the vehicle. Second, OUI is operating or attempting to operate a motor vehicle while having a blood alcohol content (BAC) of .08% by weight or more, regardless of whether that level of alcohol affects the person. This FAQ was provided by LawInfo Lead Counsel Member Wayne R. Foote, Esq.

What Is The Rule On Passing?

Tue, 29 May 2007 21:19:00 GMT

Maine permits passing on the double yellow line. The double yellow line represents only the "suggestion" not to pass.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or property damage exceeding $500 must be reported immediately to the local authorities and (if the accident results in property damage exceeding $500) within 48 hours in writing to the Secretary of State, Motor Vehicle Division, Financial Responsibility Section, State House Suite #29, Augusta ME 04333.

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding No
Parking No
Equipment No
DWI Yes