Should You Hire an OUI Lawyer for Your Case?

We recommend that you request the services of a skilled Maine OUI attorney once you’re charged with operating under the influence. It is important to engage an attorney who is familiar with the law in the state in which the misdemeanor occurred, as most states have set their own laws with regard to OUI. So is hiring a lawyer worth the investment in time, energy and money? Ask yourself these questions to find out …

Did you react badly to your arrest?

If you had a bad reaction to your arrest, the officer is unlikely to show you any sympathy, and you will definitely need a Maine OUI lawyer to help you out of your situation. OUI is a grave offense that can have consequences that certainly can make things hard for you. In order to choose the right lawyer, you must take a look at credentials, the right type of experience, familiarity with current regulations and proper affiliations.

Was your blood alcohol concentration confirmed to be above 0.8?

Once you blew 0.8 or higher, you should get an attorney to represent you. A lot of officers do not know how to administer field sobriety or Breathalyzer tests. Their results do not always stand up in a court of law. A good OUI attorney will have the required training in sobriety tests, and should know how to evaluate the results. This allows him or her to defend you against invalid charges made by an inexpert police officer.

Looking for the perfect lawyer to take action for you in OUI legal proceedings is more important than you think. An OUI charge can have grave penalties. Your manner of driving is the most common cause for suspicion. The first offence can result in jail for thirty days, license suspense for ninety days, and a five-hundred-dollar fine. By applying these tips if you’re pulled over for OUI in Maine, you can boost your chances of beating the charge.

1. Be as polite and respectful as possible to the officer that pulls you over

The officer will show you no sympathy if you become abusive or if you’re uncooperative. You need to be firm in declining to take the sobriety tests, however. Maine law does not require you to take the OUI field sobriety tests.

2. Submit a request for an administrative hearing

You need to do this within ten days of your OUI arrest. Any impending suspension of your Maine driver’s license will be postponed until a hearing is held and a verdict is given, once you make the application in time.

3. Hire a competent OUI lawyer

A reputable lawyer will have been through this procedure countless times, and know how to beat it. You will be better prepared for all the curves the legal system puts in your path if you have a capable lawyer by your side. Your lawyer can try to get the charges dropped, or will at least help you beat your OUI charge.

Operating Under the Influence in Maine Q&A: What Should I do if I’m Arrested for OUI?

We recently received this email from one of our website visitors:

Dear OUI Expert

Sincerely
OUI-Phobe

Believe it or not, the answer to your question lies within the realm of common sense: get in touch with a Maine OUI lawyer right away to learn how you can put together a concrete case and guard yourself against the charges. Note that being intoxicated in the state of Maine refers to a person’s mental and physical capacity being messed up to even a miniscule degree after consuming strong drink.

You can feel besieged incredibly quickly without the assistance of a qualified OUI attorney, leading to choices that can ultimately be very expensive in more ways than one. Your attorney will look at the conditions surrounding your individual case and help you settle on the best course of action. He or she will look for any bias on the part of the arresting officer, or at the reliability of the witnesses testifying against you, and any other factors that can affect the outcome of the case.

One of the initial things the officer will most likely ask you is to submit to a field sobriety test when you are pulled over on suspicion of drunk driving. But should you do exactly as you are told during a traffic stop? No, you should not.

The test is used by the police officer to validate the probable cause for your arrest, and it does not in itself confirm that you are under the influence. All the touching your nose and walking in a straight line is not going to help you in a court of law – in fact you’re just giving the officer more evidence to use against you. Here are two reasons why you should avoid taking field sobriety tests:

These tests are voluntary and taking them will only hurt you. You do not have to tell the officer why you’re refusing the test. Just say that you prefer not to respond to any questions until you talk to a lawyer. Refusing the test is not an admission of guilt – the tests are flawed and the officers know it.

You are destined to fail the field sobriety tests based on their very nature. If you ask the cop for instructions more than once, he can fail you. If you start before he tells you to do so, he can fail you. The test is entirely subjective, and he gets to call all the shots. The accuracy of these tests is based only on the integrity of the officer requesting them.

Contact Us today if you have any specific questions.

Two Questions to Ask Your Attorney About Getting Your OUI Record Expunged

Operating an automobile while under the influence is deemed an especially grave offense in our society. To have your record expunged means to have it set aside. When it comes to defending your character in the job market, the benefits of having your OUI record expunged become crystal clear, although there are other advantages. Ask your attorney these two questions to find out if having your record expunged is the right move for you.

Here are the Top Two Questions To Ask Any OUI Attorney Before Having Your Record Expunged

Will the court dismiss the current case?

Yes, your case will be dismissed, although the OUI charge or conviction will not automatically be removed from your record permanently. Your first OUI episode can still be used as prior record if you have a second charge within ten years. The second occurrence will still be considered a second offense, even if you expunge the first one.

Do I have to disclose my OUI conviction on job applications if it has been expunged?

No, you do not. A lot of companies do not look favorably on applicants with an OUI on their record, even if you’re looking for a position that doesn’t involve driving as part of the vital job duties. Police officers will still have access to your conviction information, however.

When correctly done, expunging your OUI record can take away obstacles to paid employment, specialized licenses, and bring closure and emotional reprieve.

OUI Rights in Maine: Two Secrets

Whether this is your first arrest or your fiftieth, being detained for OUI in Maine can be a nerve-racking mess. You have the right to a preliminary hearing, and this is important if ever you’re arrested for OUI in Maine or any other state. This hearing should take place within ten days of your arrest.

Here are some other secrets:

The officer has the right to order you out of your car, but not the right to search it

Do not consent to any searches, and if you’re ordered out of your car, it is important that you lock the doors behind you. Also, you should respectfully refuse to answer any questions. You will only raise suspicion and push the police officer to probe or question you further if you answer some questions, but not others.

Always check with a lawyer before pleading guilty or agreeing to a plea bargain

There may be some legal options that your lawyer can pursue. Keep in mind that if you were arrested at a sobriety checkpoint, the court generally permits the evidence, but only if conducted properly. The police closely monitor vehicles approaching the checkpoint, so you won’t have much success trying to evade it.

When it comes to OUI in Maine, knowing and applying your rights when pulled over can enhance your odds of avoiding being taken into custody and also give your lawyer a much easier case to work with if you are charged.

How to Expunge Your OUI Record in Just Two Steps

Getting pulled over, the sobriety and chemical tests, reading of rights, being manacled and held in custody, being transported, booked, locked up, processed and freed – all of these issues can interfere with your getting a job, loan, house etc. You too, can put this whole process behind you and have your OUI record expunged so that you can live a normal life.

Foolproof Plan for Clearing Your OUI Record

Step 1: Hire an OUI lawyer

Once you’ve scheduled your hearing you should contact an OUI lawyer to help you with the process of having your arrest record expunged and also with keeping your license. Your driver’s license will be automatically suspended ten days after your OUI arrest UNLESS you file for a DMV administrative hearing. This will lengthen your driving privilege until the trial actually occurs.

Step 2: File a petition to have your records expunged.

You need to formally request that your record be expunged in the superior court in the county where your OUI arrest took place. You are allowed to expunge if this is the only conviction on your record, you didn’t spend any time in state prison, and you have reformed yourself. The complete procedure can take anywhere from four to six months.

When it comes to car insurance, a stain on either your court or DMV record can increase the premiums available to you. It can also have an effect on your likelihood of finding employment. It is in your best interest to have this record expunged as soon as possible.

Are You Approaching Your OUI Charges the Right Way or the Wrong Way?

At some point you decided to get behind the wheel of the car, whether you were at the local tavern with your friends or you were having a few beers at home, and now you’ve been pulled over. The police officer steps up to your car and asks if you’ve been drinking. Your first order of business, once you’re charged with OUI, is to find and hire a Maine OUI attorney. Many people have the wrong approach to handling their OUI charges, which can lead to frustration from a lack of results.

Here’s How Most People Manage Their OUI Charge the Wrong Way

They don’t get an attorney who specializes in OUI

The State of Maine enacts stronger OUI regulations and harsher drunk driving sentences almost every year. Using a lawyer who specializes in OUI, and whose law practice is principally in the field of drunk driving defense can make a vast difference to the outcome of your case. Your lawyer should be an expert in administering the standard field sobriety tests and intoxilzyer breath tests.

How to Approach Your OUI Charge the Right Way

Get a good attorney to help you fight your case

A good lawyer can cost thousands of dollars, and generally the more they ask for the better they are at what they do. Get recommendations from family and friends so that you can get a lawyer you’re comfortable working with. You can also contact your local bar association for information about OUI lawyers in your area.

OUI QUIZ: Are You Coming Up With the Right Defense?

The actions of an impaired driver cause a death every thirty minutes in America, and an injury every two minutes. Everyone is in danger in other words – you, your family or your friends could be next! The following quiz is designed to check your understanding of the nuts and bolts of OUI in Maine.

Take this simple 2-question quiz to discover how well you know the subject of operating under the influence

What are your chances of getting an OUI?

If your ability to drive a motor vehicle is impaired after you drink intoxicating beverages, you’re likely to face a drunk driving offense. When an officer pulls you over, he or she was watching for certain behaviors, since the signs of intoxication differ widely. Typically the police officer would have seen that you were having difficulty staying in your lane or that you were either speeding or having braking trouble.

Can you measure your blood alcohol concentration at any given time?

Usually expressed as a percentage, blood alcohol concentration (BAC) is the amount of alcohol in a person’s bloodstream. It’s very difficult to monitor BAC while you’re out drinking, since the percentage of alcohol in your blood also depends on how much you drink and how fast your drinks are consumed, your weight, size and age, your mood, general health, what you ate, whether you took other drugs (including prescription drugs), and whether you’re male or female.

Alcohol affects your driving skills. Think before you drink, and drive home sober.

Two Exercises for Maine OUI Offenders who Want to Keep their Driver’s Licenses, Money and Freedom Intact

Some people consider a drunk driving arrest to be not unlike a traffic citation. In actual fact, a conviction for an OUI offence will bring about a criminal record, and can potentially result in considerable fines and a prison sentence or term of probation.

If you find yourself facing an OUI arrest, stay calm and remember that you have constitutional rights. Below are two quick, but effective exercises for offenders to help you avoid the fines, license suspension and jail terms that commonly come with an OUI conviction in Maine.

Quick Exercise 1: Be Forceful when Dealing with Your OUI Case

You need to take the hard line when tackling your OUI case, once you’ve rested and cleared your head after the arrest. You should get in touch with a local criminal defense attorney who specializes in OUI cases to help you. Criminal defense attorneys who dedicate themselves to in OUI cases are usually very knowledgeable in the matter. They can give you all the feasible actions and help you decide what your best course of action will be legally.

Quick Exercise 2: Request a DMV Hearing

You have only ten days, including weekends and holidays, to make an official appeal for a DMV hearing after the time of your arrest. At this hearing the judge will decide whether to permit you to keep your driver’s license. Your license will be automatically suspended if you or your attorney does not ask for a DMV hearing.