Articles on Maine OUI, DUI and Operating Under the Influence

Not Guilty Verdict: Defending a .20 Intoxilyzer 8000 OUI

Intoxilyzer 8000 brochure coverThis case started like many DUI or OUI cases in Maine. My client was driving home from a bar at around midnight. A Yarmouth, Maine Police officer saw his car driving too slow, watched the vehicle touch the yellow center line several times and noticed a brake light out. The officer stopped the car and had the driver perform field sobriety tests. The traffic stop and roadside tests were recorded on video. The officer saw clues of impairment on the tests and he arrested my client for OUI. The driver was taken to the station to do a breath test on an intoxilyzer 8000. His breath alcohol level tested at .20; the legal limit is .08. Because of the high test, a 2 day jail sentence was mandatory.  We had a trial and the jury returned a not guilty verdict. [Read more...]

Maine OUI Laws Explained: Penalties for DUI, OUI in Maine

maine oui laws allow police to investigate oui in maine

Under Maine OUI Laws, “Operating Under the Influence” is the term used to describe DUI, DWI, impaired or drunk driving. Those charged with OUI in Maine need to understand what the laws actually say and what penalties are possible. This article will explain:

You can click this link to see all my articles about Maine OUI Offenses.

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Ignition Interlock Device Now Shortens a 1st Maine OUI Suspension

Ignition interlock device intoxalockThe Maine Legislature has passed LD 1260. The law is effective from 12/1/13 on and it modifies Maine’s current Operating Under the Influence suspension scheme. The law increases the first offense OUI suspension period, but also allows for quicker license reinstatement if the driver gets an ignition interlock device installed. Such devices are connected to the car’s ignition system and require the driver to give a breath sample before starting the car. The law is a  major change and it’s important to understand what it does and how it works. [Read more...]

Intoxilyzer Breath Test in OUI, DUI: How it Works, What it Means

An Intoxilyzer 5000 or 8000 Breath Alcohol Test is key evidence in many Maine OUI or Operating Under the Influence cases. A person is guilty of OUI in Maine if they drive with a breath alcohol concentration at or above .08 grams per 210 liters of breath. People who are charged with Operating Under the Influence will usually get a copy of the breath test either from the police, the Bureau of Motor Vehicles, or the District Attorney’s Office. While the form shows a result at the bottom, it doesn’t say anything about how the machine works or how to read the print out. Here I will discuss what the Intoxilyzer machine does, the internal calibration and testing process, and I will take you through an annotated test result sheet to explain what each entry on that form actually means. [Read more...]

Portland Maine Intoxilyzer 5000: Inaccurate for Months, Replaced

Operating Under the Influence charges in Maine almost always involve breath alcohol testing from an intoxilyzer 5000 or 8000 machine. You can read this for information on how breath alcohol testing works. These test results will not be accepted by a court if there is credible evidence that the machine was not functioning properly. It now appears that one of the State’s most heavily used machines was malfunctioning for months. [Read more...]

Can I Visit Canada with an Operating Under the Influence Charge?

For many years, a Maine Operating Under the Influence conviction meant that you were not getting into Canada. That’s because in Canada, Operating Under the Influence, sometimes called OUI or DUI, is an “indictable offense.” Under Canadian immigration policy, people who commit such an offense are deemed “inadmissible.” This is still true today, but the Canadian Government has loosened some of the restrictions so that there is now a relatively easy way for some people convicted of Operating Under the Influence to enter that country. [Read more...]

Maine OUI Laws: DUI Definitions, Penalties & License Suspensions

Maine OUI laws, police to stop a car to investigate the driver's intoxication

Highway Patrol Images via filckr

Under Maine OUI Laws, “Operating Under the Influence” is the term used to describe DUI, DWI, impaired or drunk driving. Those charged with OUI need to understand what the law actually say and what penalties are possible under Maine statutes. In this article, I’ll explain how Maine OUI laws define the crime, the minimum sentences for OUI the aggravating factors that can increase the minimum sentences and some of the ways that a lawyer can help. You can click this link to see all my articles about Maine OUI Offenses. [Read more...]

OUI Charges and the Defenses an Attorney Can Raise

OUI defense issues are complicated

From my office in Portland, I see a lot of OUI or Operating Under the Influence cases. Many folks think that it’s not worth hiring an OUI Defense Attorney since these cases are easy to prove, but that’s not always true. There are a lot of potential problems with any case and a person never knows what defenses are possible until an experienced OUI lawyer reviews the evidence. Every case has some defense. This article will cover some of the legal issues that a defense attorney can raise. Click the following link for information on the elements of  OUI in Maine and the possible sentences. You can click this link to review all of my articles about OUI Defense. This post covers the following topics and you can click a link to jump to that section: [Read more...]