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Maine Drunk Driving Defense Attorneys

Effects Of Maine's 0.05% Legal Blood Alcohol Level For Drivers With DWI Convictions
1. Augusta
   1. Hal Wesberger: Defending against a charge of drunk driving is a tricky business. Defenders need to understand scientific and medical concepts, and must be able to question tough witnesses, including scientists and police officers. If you want to fight your drunk driving charge, you're well advised to hire an attorney who specializes in these types of cases.
2. Bangor
   1. Cuddy & Lanham: If you, or someone you know, has been charged with a criminal offense, you will almost certainly need legal representation. We recommend early representation so you can be counseled about:
      1. Your constitutional rights,
      2. Understanding of the full nature of the criminal charges placed against you,
      3. Available legal strategies and defenses,
      4. The possible and probable penalties that you face if convicted,
      5. What to expect during all phases of the criminal prosecution,
      6. In some cases, what actions you can take to mitigate the penalties, how to evaluate plea-offers, how to get treatment for substance abuse or anger-related problems, and
      7. Frequently, to talk with an understanding and knowledgeable listener to help you cope with the "unknowns" and fear and stress of criminal prosecution.
      Successful criminal defense requires knowledge, experience, some intuition, and a lot of plain, hard work. . . and if youre the person being accused, you cannot afford second-best representation or have a lawyer that cannot give you all of these commitments.
   2. Wayne Foote: If you have been charged with operating under the influence, your license and/or right to operate a motor vehicle may be in jeopardy prior to your first court date. You should contact an attorney immediately to protect your rights.
   3. Stephen Smith: As the accused, it is your constitutional right to have counsel. Innocent people do get accused of crimes, and you are always better off discussing the accusations with an attorney who knows the field and can help you formulate a strategy for your response to the charge. In addition, because anything you say will be used against you, the use of an attorney to communicate with the authorities minimizes the possibility of an incriminating statement coming into evidence. Our office is experienced in attacking breathalyzer test results and operator certification, and in conducting legal analysis of OUI arrests to keep as much evidence as possible out of court. We also have a number of strategies to minimize the impact of a guilty finding should the case go that far.

      Persons accessing this site are encouraged to seek legal advice regarding their individual issues.

3. Biddeford
   1. Wood, David: If you have been arrested or charges with a criminal offense, you need an experienced and professional criminal defense lawyer who is knowledgeable about all aspects of criminal law. You need an advocate to be on your side, providing you with the best defense possible, especially if you have been charged with a serious offense.
   2. Nielsen & Bly: Operating Under the Influence (OUI) In Maine, if a Judge or Jury finds you operated a motor vehicle with a blood alcohol content of .08% or more OR you operated a motor vehicle while impaired to the slightest degree, you are guilty of a criminal offense known as Operating Under the Influence (OUI). You can also be charged with OUI if you are operating or attempting to operate your vehicle while under the influence of illegal or prescription drugs. Following your arrest, based solely on the police report and blood alcohol content (BAC) test results, the Secretary of State will suspend your license unless you request a hearing within ten (10) days of the date of suspension. This suspension usually takes place prior to any court appearance, so while you're waiting for your day in court, you won't be driving. It is important to understand that the administrative and criminal penalties are like two sides of the same coin. That means you will need to deal with the Secretary of State and BMV who will seek to suspend your driverÕs license or privileges administratively and the court system that has the power to impose fines, jail sentences and additional suspensions. If you are convicted of an OUI and hold an out of state driverÕs license, your privileges to drive in the state of Maine will be suspended and Maine will notify your home state which may in turn suspend your actual license. Criminal Penalties The State of Maine treats OUI offenders harshly and these are cases not to be taken lightly. If you are convicted of an OUI in Maine, you face some rather stiff penalties. Please keep in mind that these penalties are mandatory minimum penalties. That means they are the minimum penalties provided by statute, none of which may be suspended by the Judge. Misdemeanor OUIs (Class D crimes) can be punished by up to 364 days in jail and a fine of up to $2,000.00. Class C OUIs, which can be charged if you have two prior OUI convictions within a ten year period, carries a maximum prison term of five (5) years and a maximum fine of $5,000.00. ¥ A. For a person having no previous OUI offenses within a 10-year period, which is a Class D crime: ¥ 1. A fine of not less than $500, except that if the person failed to submit to a test, a fine of not less than $600; ¥ 2. A court-ordered suspension of a driver's license for a period of 90 days; and ¥ 3. A period of incarceration as follows: ¥ a. Not less than 48 hours when the person: ¥ i. Was tested as having a blood-alcohol level of 0.15% or more; ¥ ii. Was exceeding the speed limit by 30 miles per hour or more; ¥ iii. Eluded or attempted to elude an officer; or ¥ iv. Was operating with a passenger under 21 years of age; and ¥ b. Not less than 96 hours when the person failed to submit to a test at the request of a law enforcement officer. ¥ B.For a person having one previous OUI offense within a 10-year period, which is a Class D crime: ¥ 1. A fine of not less than $700, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $900; ¥ 2. A period of incarceration of not less than 7 days, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 12 days; ¥ 3. A court-ordered suspension of a driver's license for a period of 18 months; and ¥ 4. In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle. ¥ C.For a person having 2 previous OUI offenses within a 10-year period, which is a Class C crime: ¥ 1. A fine of not less than $1,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $1,400; ¥ 2. A period of incarceration of not less than 30 days, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 40 days; ¥ 3. A court-ordered suspension of a driver's license for a period of 4 years; and ¥ 4. In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle. ¥ D.For a person having 3 or more previous OUI offenses within a 10-year period, which is a Class C crime: ¥ 1. A fine of not less than $2,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $2,500; ¥ 2. A period of incarceration of not less than 6 months, except that if the person failed to submit to a test at the request of a law enforcement officer, a period of incarceration of not less than 6 months and 20 days; ¥ 3. A court-ordered suspension of a driver's license for a period of 6 years; and ¥ 4. In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle. ¥ E.In addition, the court shall order an additional period of license suspension of 275 days for a person sentenced under paragraph A, B, C, D if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age. Administrative License Suspension Unless a longer period of suspension is otherwise provided by law and imposed by the court, the Secretary of State shall suspend the license of a person convicted of OUI for the following minimum periods: ¥ A. Ninety days, if the person has one OUI conviction within a 10-year period ¥ B. Eighteen months, if the person has 2 OUI offenses within a 10-year period; ¥ C. Four years, if the person has 3 OUI offenses within a 10-year period; ¥ D. Six years, if the person has 4 or more OUI offenses within a 10-year period. However, if the Suspension imposed by the Secretary of State is for a Refusal to Submit to a Test, the following penalties apply and any court imposed suspension for a conviction of an OUI offense runs consecutive to the administrative suspension: ¥ A. 275 days for a 1st Refusal; ¥ B. Eighteen (18) months for a 2nd Refusal; ¥ C. Four (4) years for a 3rd Refusal; ¥ D. Six (6) years for a 4th Refusal. Work Restricted License If your driving privileges are suspended by the Secretary of State for a first offense OUI, you have the right to apply for a work restricted license. While there is no guarantee that your petition will be approved, if your BAC is below a .17% your chances of receiving the work restricted license is pretty good. However, if you were suspended for an OUI Refusal, having a minor in the vehicle or you have a prior conviction for OUI, you are not eligible for a work restricted license. The petitioner must show by clear and convincing evidence that: ¥ A. As determined by the Secretary of State, a license is necessary to operate a motor vehicle: ¥ 1. Between the residence and a place of employment or in the scope of employment, or both; or ¥ 2. Between the residence and an educational facility attended by the petitioner if the suspension is under section 2472, subsection 3, paragraph B for a first offense; ¥ B.No alternative means of transportation is available; and ¥ C. The petitioner has not, within 10 years, been under suspension for an OUI offense or pursuant to section 2453. Keep in mind however that if you are ultimately convicted of an OUI, your work restricted license will be revoked and your suspension goes into effect immediately. You will of course receive credit for any suspension time served. OUI Courts While there are no specially designated courts for OUIs, all OUIs (unless charged as a felony) will be relegated to the District Court for at least the arraignment period. Upon entering a plea of not guilty, you will have twenty-one (21) days to file a jury trial request and/or pre-trial motions. If you fail to file a jury trial request, you will have waived your right to a jury trial and instead, your case will be decided by a single judge at a bench trial. In addition, if you fail to file any pre-trial motions to suppress, you may be waiving an important opportunity to attack the StateÕs evidence and in some cases, get the breath test and other evidence excluded due to a violation of your State & Federal Constitutional rights. Always consult with an OUI attorney with questions concerning violations of your constitutional rights or whether you should file a jury trial request. Breath Testing The State of Maine uses the Intoxilyzer 5000EN to determine how much alcohol is in your blood by testing a sample of your breath. The Intoxilyzer allows police agencies to use the fastest and least expensive method of testing alcohol quantity in a personÕs blood. The person submits a breath sample, which in turn is analyzed by the machine to determine your blood alcohol content. The breath sample you provided is converted into a blood alcohol content. At first blush it would appear that a breath sample in excess of .08% is an open and shut case for the State. However, the Intoxilzyer 5000EN is far from perfect and many innocent and sober persons have been wrongly accused and charged with OUI based solely on the breath test result from an Intoxilyzer 5000EN. The Intoxilyzer 5000EN is nothing more than an unsophisticated computer. The program language which governs the operation of the computer was written by people who set forth basic assumptions to determine how the computer is going to operate. The assumptions are based on ÒaveragesÓ, ie, average people. That means the Intoxilzer 5000EN doesnÕt take into account your age, weight, sex, ethnicity or occupation. Believe it or not, your weight, age and gender can play a large part in determining your blood alcohol content (or BAC). Women are at a greater disadvantage than are men because they generally have a higher body fat percentage, and therefore, an in proportionate blood alcohol reading. There are many reasons for why a person may have a high BAC when they provide a breath sample and not all of them are due to the test subject being intoxicated.
4. Brewer
   1. Don Brown: If you have been arrested for OUI (Operating Under the Influence), seeking advice of a competent Maine attorney familiar with current case law and law enforcement practices is invaluable. Maine law offers strict penalties for OUI violators, which can result in the loss of income, loss of freedom (jail time), and sometimes loss of employment.
5. Brunswick
   1. Boothbey, Albert: There is no substitute for experience.
6. Lewiston
   1. Fales & Fales: What if I am suspended by both the Bureau of Motor Vehicles and the court? If the suspension by the Bureau of Motor Vehicles (BMV) is for driving with an excessive blood-alcohol level (.08% or higher), the court ordered suspension will be retroactive to the date of the BMV suspension. This is not true if the BMV suspension results from a refusal to take and complete a test to determine a driver's blood-alcohol level. In that event, the court ordered suspension is consecutive to the BMV suspension.
7. Portland
   1. Robinson, Kriger & McCallum: * Drunk driving/OUI/DUI * Traffic violations * Speeding tickets * Fraud and white-collar crime charges * Drug charges * Juvenile charges * Theft, shoplifting, and other property crimes * Assault, domestic violence, and other violent crimes * Probation violations * And others
   2. Cyr, Peter: Criminal Matters: Murder; Drug Traffickiing; OUI/DWI/DUI; OAS, and all other Motor Vehicle Offenses; Domestic Violence Assault; Simple Assault; Fraud; Internet Offenses. Family Law: Divorce; Parental Rights and Responsibilities; Child Custody Issues; Child Support Issues; Protection From Abuse. Civil Matters: Car Accidentes; All Personal Injury Cases; Wrongful Death; Permenant Disablility.
   3. Zerillo Law: * Personal Injury * Car Accidents * Truck Accidents * Boating Accidents * Criminal Defense * Drug Crimes * Domestic Violence * Sex Crimes * Family Law * Divorce
   4. Hewes, James: Criminal charges, depending on their severity, can carry heavy penalties or have serious consequences, which is why you need to secure a lawyer as soon as you can.
   5. Hallet Law Firm: Facing drunk driving charges in Maine could cause life-altering consequences. Expensive fines and possible jail time are only a few of the many penalties you could face. Having a good defense team, that understands the legal process and has the experience to fight your case is the essential in minimizing the consequences of operating under the influence. Some of the questions we get asked: * Will I lose my license? * Do I need a lawyer? * I failed the field sobriety test, now what? * This is my second offense, can you help me? * I only had a couple drinks. * I think my rights were violated.
   6. Marchese & Associates: If you have been charged with operating under the influence (O.U.I.) then you may already have suffered enough embarrassment and indignity
   7. Schwartz & Schwartz: You should consult an attorney for individual advice regarding your own situation.
   8. Strike, Goodwin & O'Brien: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury (or judge) must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .08 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed. As a practical matter, one drink would almost certainly not lead to a BAC of .08 percent or greater; generally, a person needs to have five drinks in an hour to develop a BAC of .08 percent. However, if there was something unique about the person or the drink, or other circumstance, one drink could raise the BAC above the legal limit. In contrast, the second definition does not refer to any particular BAC. It focuses on the driving behavior of the person; if it is impaired by the person's consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
   9. Greco & Marchese: If you have been charged with operating under the influence (O.U.I.) then you may already have suffered enough embarrassment and indignity. To the extent we are able, we will minimize any future embarrassment and indignity, while pursuing a reasonable resolution of both the criminal charges and the Department of Motor Vehicles license suspension proceedings.
   10. Levenson, Vickerson & Beneman: A driver has no obligation to agree to take a Field Sobriety Test. BUT this should NOT be confused with toxicity tests such as breathalyzers or blood alcohol tests. A driver CANNOT refuse these tests without acing serious consequences. See below.
8. Saco
   1. Boulos Law Firm: Under Maine law, the crime of Operating under the Influence (OUI) is defined as "operat[ing] a motor vehicle... while under the influence of intoxicants...or while having a blood-alcohol level of .08% or more."
   2. Scott Gardner: If you have been charged with OUI you do not need a lawyer. You need an OUI lawyer. Defending an OUI is very different from handling a civil case or defending other criminal matters. The elements of the offense are extremely technical and require a detailed knowledge of both the law and science associated with OUI cases. The lawyer you hire should be spending 90% of his or her time defending OUl cases. You would not go to a podiatrist for a headache - you should not hire a divorce lawyer for your OUI defense. OUI Laws Maine Criminal Defense Attorney - OUI Laws in Maine Elements of Operating Under the Influence Title 29-A M.R.S.A. ¤2411: A person commits OUI if that person: A: Operates a motor vehicle: 1. While under the influence of intoxicants; or 2. While having a blood alcohol level of 0.08 percent or more. What constitutes "operation"? Driving a vehicle that is in motion is not necessary to prove "operation" as defined in OUI law. Although the usual meaning of operation is to manipulate the machinery so that the power of the motor is applied to the wheels (State v. Deschenes, 780 A.2d 285). What does "under the influence" mean? A person is under the influence if that person's senses - their physical or mental faculties - are impaired, however slightly, or to any extent by the alcohol that person had to drink. (Maine Jury Instruction Manual) What is an "intoxicant"? Intoxicants include alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs. (29-A M.R.S.A. ¤2402 (13)). Marijuana is considered an intoxicant, as well as, all illegal drugs. It is important to note that legal prescription medication can also be an intoxicant if the dosage is sufficient to impair the ability of the person to safely operate a motor vehicle. What is meant by "a blood-alcohol level of 0.08 percent or more"? A BAC (blood alcohol content) of 0.08 percent of more of alcohol by weight in the blood is the level of alcohol which is presumed to cause impairment sufficient to affect ones ability to drive. This fact is proven by admitting the results of a chemical test. In Maine the most common way to test for a person's blood alcohol content is by measuring the alcohol in a breath sample with an Intoxilyzer machine. It is very important that Counsel fully understands and explores: (1) explore the limitations of the Intoxilyzer; (2) the facts of your particular test; (3) the operational and maintenance history of the Intoxilyzer used; (4) the training of the operator; and (5) the subjects particular medical characteristics and health status. All of these factors are important in assessing the accuracy of your particular test result.
   3. Nichols & Webb: 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.
9. Sanford
   1. Gregory McCullough: ... public disputes are primarily criminal cases, such as OUI, DUI, or DWI, domestic violence, and sex abuse charges. In these cases, the State of Maine is the Plaintiff, and the accused client is the Defendant. Related cases are motor vehicle license suspensions, restraining orders, and "child protection" cases brought by the Maine Department of Human Services.
10. South Portland
    1. Ainsworth, Thelin, Chamberlain & Raftice: In Maine, OUI stands for Operating Under the Influence of alcohol or drugs (commonly referred to elsewhere as DWI). OUI is not limited to the operation of an automobile, as it can apply to other motorized transportation, such as boats and snowmobiles.
11. York
    1. Russell Goldsmtih: If you are facing criminal charges, it is important that you are aware of your legal rights.