Four Things to Know About Fighting an OUI Charge Successfully
Drunk driving poses a serious threat to life and property. In 2014, 9,967 people lost their lives in alcohol-impaired driving accidents in the US. It is estimated that 28 people die every day as a result of drunk driving. The government has put in place very stringent rules and regulations to discourage impaired people from taking the wheel.
A person can be deemed operating a vehicle if the key is in ignition, even if he or she has pulled off the road and is trying to sleep off the hangover.
Maine has the Operating Under the Influence (OUI) charge, which is stricter and has a broader definition than the Driving Under Influence (DUI) charge present in other states. Bangor OUI statistics show that road deaths were comparatively lower in Maine, at about 130 in 2014, showing that the law has helped curb reckless driving.
The stricter laws need not worry you if you drive safe and sober. If you are a lawyer specializing in area of OUI, then you will have to help your client understand the zero tolerance policy applicable in the State of Maine.
Understand the Alcohol Limit
You can get an OUI ticket if you’re found to have blood alcohol content (BAC) of more than .08 or are driving under the influence of intoxicants. This holds true for drivers of regular passenger vehicles. The limit is the same across the country and is applicable to all adults of legal drinking age.
Drivers below the age of 21 can be charged for OUI if any trace of alcohol is found in their blood. For drivers operating commercial vehicles, the BAC limit is .04 percent. The state follows the zero tolerance rule for those below 21 years of age, which means anything above .00 percent will get the person charged with OUI.
Operating Under the Influence is a serious crime in Maine, and conviction can be expensive. You will be penalized by both the courts as well as the Maine Bureau of Motor Vehicles. License suspension, steep fines, and jail sentences are also the consequences of being charged with OUI.
Operating or driving a vehicle when under the influence of alcohol is a criminal offense and the offender can be prosecuted with or without any evidence of BAC levels being beyond the legal limit. The factor which determines fault is whether or not your ability to drive was impaired.
The strict law is based on the assumption that any amount of alcohol can impair a person’s ability to drive. The effects of alcohol are magnified by a range of other factors like emotional state and physical condition of the driver, and the use of other prescription or over-the-counter (OTC) drugs.
What Happens in Case of an Arrest?
In case of an arrest, the offender’s car is towed away at his or her expense and he or she is taken to the nearest police station in the patrol vehicle. A breathalyzer test is conducted, and if the BAC is found to be above permissible limits, the offender is liable to be held on the presumption that he or she was operating the vehicle while impaired.
Implied Consent Law and How It Works
When a person is arrested for OUI, the police officer typically conducts a breath test to check the BAC level. In Bangor, if you are driving a car or a commercial vehicle on the road, it implies that you have consented for a breath or chemical test if lawfully arrested by an officer on suspicion of driving under influence.
If the driver is involved in a crash and causes injury or death, the officer can insist on a blood and/or urine test.
In Bangor, refusal to take a breath or chemical test results in the suspension of license for 275 days, a fine of $600, and 96 hours in jail time. This is in addition to the penalties from court for OUI conviction. Second-time refusal attracts a $900 fine, 12 days in jail, and three years of suspension of license. It is always advised to take the test rather than refuse it, unless you have a valid reason to do so. Refusal can aggravate the case if the person is convicted of OUI.
Even when there is implied consent, the police officer cannot force the arrested person to undergo tests. But, the refusal can be used by the prosecution to argue that the defendant did so because he or she was intoxicated and knew he or she would be held guilty of OUI.
It Is Possible to Prove Innocence
Just because a person is arrested on suspicion of OUI and failed the subsequent breath test, it does not imply that he or she is guilty. There are many instances where the breathalyzer machines have given wrong readings. This may be due to a range of reasons, including poor maintenance or operational issues with the Intoxilyzer.
A skilled and experienced defense attorney will be able to develop defenses and use them to the defendant’s advantage. Certain mistakes may be made during the course of the arrest by law enforcement agencies that can be exposed and used to the client’s advantage.
Also, getting behind the wheel after downing a few drinks does not provide enough ground for OUI. The officer should have sufficient concrete reasons to suspect that your ability to drive was impaired. An experienced lawyer alone will be able to analyze the circumstances around the arrest and decide how best to combat the OUI charge.
Anyone arrested for OUI faces the threats of massive fines, possible jail time, a criminal record, increased insurance payments, and suspension of driver’s license. But, with the help of a competent and an experienced attorney, it is possible to fight and beat an OUI charge in Maine. Make sure to have an attorney by your side if you get into OUI trouble.