Even first offenses come with severe consequences. You need an attorney who will fight for you.
PROTECTING THE RIGHTS OF OUR CLIENTS
Standing up to Maine's Harsh OUI Laws
Being charged with operating under the influence (OUI) is a serious disruption to anyone's life. In almost all cases, the Secretary of State will suspend your license. The suspension will likely go into effect prior to your Court Case being heard. We will challenge the basis of the suspension at an administrative hearing and help you get your license back as quickly as possible.
Unchallenged, OUI charges can carry fines and jail time. In your criminal case you need a zealous defense attorney who also understands the complexities that are unique to OUI charges. We minimize or eliminate these consequences by providing a vigorous defense.
Experienced OUI DefenseKristine C. HanlyManaging PartnerOperating Under the Influence cases are a unique sub-set of criminal cases.
I devote substantial time and energy to being educated on the most recent case-law, law enforcement training guidelines and measurement science to get the best outcome for my clients.
Read Kristine's Full Profile
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State of Maine vs. (Name Withheld)DISMISSEDOperating Under the Influence (OUI): After winning the administrative hearing, the client's suspension was rescinded and the driver's license was reinstated. The criminal case was dismissed for an admission to a traffic ticket.
State of Maine vs. (Name Withheld)REDUCEDOperating Under the Influence (OUI): After winning the administrative hearing, the suspension was rescinded and the drivers license was reinstated. The criminal case ended with a plea to a lesser charge of Driving to Endanger, and the client avoided jail time.
State of Maine vs. (Name Withheld)REDUCEDFelony Operating Under the Influence (OUI) A client was charged with a felony operating under the influence due to his prior record. The client was facing mandatory 6 months in jail. Through negotiation, the charge was reduced to a misdemeanor with minimal jail time and probation.
- WHAT IS THE DIFFERENCE BETWEEN AN OUI and A DUI?
Maine's Drunk Driving statute refers to “Operating Under the Influence” which is commonly abbreviated as OUI. Other states routinely refer to the same charge as Driving Under the Influence which is commonly abbreviated as DUI. Another common title is Driving While Intoxicated (DWI). All of these names refer to the same concept of prohibiting operation of a motor vehicle while impaired.
It is important to know that Maine's statute allows for a conviction upon proof that a driver was impaired “to any degree.”. The vague definition can work in favor of the state, and requires an attorney who can challenge all factors leading up to, and following, the test itself.
- What is the difference between field sobriety tests and a breath or blood alcohol test?
Field Sobriety tests are a series of tests that an officer will request during most OUI stops. These tests are conducted on the roadside and are designed to divide your attention. The officer will use his evaluation of your performance to justify his decision to arrest you. YOU ARE NOT OBLIGATED TO PERFORM FIELD SOBRIETY TESTS. If you do not perform field sobriety tests the officer will have to independently validate his decision to arrest you. In the absence of field sobriety tests this becomes much more difficult.
In Maine, YOU ARE REQUIRED to provide a breath or a blood sample. Failure to do so can result in an additional 275 day suspension of your license. A breath test is performed using an intoxilyzer machine. While highly accurate when maintained and performed properly, these methods of mesaurement are also complex processes that when not handled correctly can be critical to an OU defence.
- I received an OUI summons as the result of a roadblock. Is that legal?
Roadblocks are legal in Maine. However in order for roadblocks to be constitutionally valid, the Court will consider a number of factors some which include advance notice to the public at large; safety conditions; average length of detention; and most importantly, the extent of the involved officers' discretion to choose whom to subject to a check. If the roadblock that led to your arrest is not constitutionally valid, then the information obtained at the roadblock cannot be used against you in your case.
- What are the consequences if I do not fight the charges?
OUI charges carry severe penalties in Maine. We highly recommend that those charged with an OUI retain an attorney to fight the charges and avoid the severe penalties that can arise.
At Bureau of Motor Vehicles:
If your attorney does not request a hearing the following suspensions will automatically go into effect:
For a first offense OUI: 150 days
For a second offense: 3 years
for a third offense: 6 years
Penalties can be even harsher when breath tests are refused. Refusal cases have no option for a reduction in the suspension. If you refused a test, please contact us immediately, as understanding the officer's protocol during the stop is critical in fighting your case.
Jail time is mandatory in many OUI cases. We work through all possible avenues to avoid jail time for our clients, generating positive outcomes through dismissal of charges, not guilty verdicts and pleas to lesser offenses. Please contact us to discuss the specifics of your case.
217 Commercial Street
Portland, Maine 04101
Weekdays: 8am to 6pm
Weekends: By Appointment
Calls Accepted at All Times