Maine's OUI / DUI look-back will not be extended beyond 10 years

Read my latest post at the Portland Press Herald site: Legislative committee rejects 15 year OUI look-back. From the article:

Second, third and subsequent OUI offenses have serious mandatory minimum sentences in Maine. Current law “looks back” 10 years to count prior convictions within that period. While the sentencing judge can consider older offenses, they don’t change the mandatory minimum penalties. In its original form, LD 1729 would have increased the look-back period from 10 to 15 years. Amendments to the bill eliminated that increase....[Read more]

Missouri v. McNeely: Trouble for Implied Consent Laws?

In Missouri v. McNeely the United States Supreme Court held that police must normally get a warrant before taking a non-consensual blood sample to test a driver's blood alcohol level. The decision could have a major impact on the way that police obtain blood samples. It could also create problems for implied consent laws which are essential to drunk driving prosecution in all 50 states.

Operating Under the Influence and Blood Alcohol Tests. New Rules Soon?

US Supreme Court will decide if involuntary, warrantless blood tests can be used at trial.  

I have written before about Operating Under the Influence Charges and some of the common issues that we see in those cases. I have also tried to give some suggestions about ways to avoid getting charged with Operating Under the Influence in the first place. Once people do get charged with OUI, they often think that it's an open and shut case and that they should just plead guilty. This is often not correct.

Criminal Charges and Hiring a Criminal Defense Lawyer: Five Ways to Avoid Both

Summer is upon us, many will shed clothing, meet friends for drinks and enjoy the warm weather that almost makes it feel like Northern New England has a climate suitable to human habitation. Many will remember those warm nights fondly, others will remember them by the criminal charges filed in the local court. Sometimes, it is just luck that separates the two groups. Still, a little bit of knowledge about the criminal law and about your rights can go a long way towards making sure that you end up sleeping in your own bed and not at the County Jail.

Operating Under the Influence or OUI charges: What can a Lawyer do?

The "Walk & Turn" is one of the Standardized Field Sobriety Tests

In order to convict someone of a crime, the prosecution must prove every element of the charge beyond all reasonable doubt. In Maine, a person is guilty of Operating Under the Influence if they operate a motor vehicle at a time when they are impaired by intoxicants, or when their alcohol level is .08 or higher. Proving a criminal case is a lot of work and the prosecution would really like it if you made their job easier by pleading guilty at your first court appearance. Understand that you are not obligated to do this and that by pleading guilty, you are giving up your right to investigate and contest all aspects of your case. Here is a brief explanation or some of the basic issues that might arise in an OUI case: