|If you've been charged with operating under the influence, you should consult an attorney to protect your rights.|
Operating Under the Influence (or Driving Under the Influence) is a serious offense in Maine, and can be a very complicated charge to deal with. If you are charged with OUI or DUI you'll have to deal with two difference procedures — one in court and one with the Bureau of Motor Vehicles.
The court can suspend your license and impose other possible sentences, while the BMV can also suspend your license. The standards that apply are different in both: the court is bound by the normal rules of criminal law, so the State must prove your guilt beyond a reasonable doubt.
The BMV, however, can suspend your license based on a much lower standard. However, certain factors that affect how the BMV views your case may change how the court views the case, and vice versa. For that reason, it's important to hire an attorney who can accurately guide you through both procedures.
Multiple convictions of DUI have increasingly serious consequences.
- A single conviction carries a minimum $500 fine, a 90-day license suspension, and possible 48 hours jail time if certain other factors exist.
- A second OUI conviction within 10 years carries a $700 fine, at least 7 days in jail, and a three-year license suspension.
- That is increased to $1,100 and 30 days in jail with three prior OUI convictions, and to $2,100 and six months jail with four.
There are many ways to fight a drunk driving charge. It may be that the officer had no real reason to pull you over in the first place, performed what are called Field Sobriety Tests improperly, or didn't administer the breathalyzer correctly.
Officer errors can often rise to the level of constitutional or statutory violations. Because the possible sentences for OUI convictions are mandatory, it's important to hire a lawyer who can make certain your rights are protected throughout your case.
OUI defense is among the most technically challenging aspects of the criminal law. Often, the State’s case is built on test results from complex machinery or chemical analysis of blood samples. Our attorneys at Lipman & Katz try many OUI cases and train extensively concerning the technical issues associated with this highly scientific area of the criminal law.
Lipman & Katz lawyers never lose sight of our touchstone — our willingness to go to trial if the interests of the client demand it. While an OUI defense may turn on some intricate knowledge of Intoxilyzer or knowledge of how the State’s experts will testify, there is no substitute for our years of experience in the courtroom in presenting not only the technical defenses but the human element.