The Police Just Charged Me with OUI.
What Happens Now?
What is OUI?
In Maine the charge of OUI means Operating Under the Influence of intoxicants. Intoxicants means alcohol or drugs that can impair your ability to drive. This includes prescription drugs. Other states may call this DUI or DWI.
OUI can be committed by either operating a motor vehicle, or attempting to operate a motor vehicle, if you are impaired to the slightest degree by alcohol or drugs, or if your blood or breath alcohol level is .08% or greater.
You can be found guilty of OUI even if you can safely operate a motor vehicle, so long as you are impaired to even the slightest degree. You can be charged even if you are driving on private property such as your own driveway.
For more information about Maine’s OUI laws click here.
What should I do after being charged with OUI?
Maine’s OUI law is very strict. To obtain the best possible outcome, you are likely to need the services of a highly experienced OUI defense lawyer. While no lawyer can guarantee that you will win your case, choosing Wayne Foote — Maine’s only Board Certified OUI Defense Specialist — can improve your chances significantly.
Mr. Foote will provide you with a case evaluation at no charge to you. This evaluation will involve a careful analysis of the facts of your case, your personal medical and physical history that could affect your OUI defense, and an outline of the defenses available to you.
Can I still drive?
The fact that you were charged with OUI does not mean that your license is automatically suspended. The Bureau of Motor Vehicles (BMV), however, is probably planning to suspend your license in the near future. Until you are notified by the BMV that your license is suspended, you can continue to drive.
Be very sure that the BMV has your correct address. Any notice of suspension from the BMV will be sent to your last known address. If you did not change your address with the BMV, the notice will not be forwarded to you because it is sent via second-class mail. If the notice of suspension is sent and you do not receive it because it went to the wrong address, you can still be charged with, and jailed for, operating after suspension.
It is important that you start to defend the case as soon as possible to avoid unnecessary suspension and prepare your defenses. While we cannot necessarily save licenses in all cases, we can minimize the length of suspension in almost every case.
Shouldn’t I just plead guilty?
Many people think that there is no defense to an OUI charge. Stop! That is not true!
There are many defenses. During your no-cost case evaluation, we can determine likely defenses to the charges against you. You can then decide whether you want to pursue those defenses. A few of the many possible defenses include:
Lack of adequate evidence to stop your vehicle or to arrest you;
Lack of adequate evidence to require you to take a breath or blood test;
Improper test procedures; and
Medical conditions that affect field sobriety tests or breath testing.
Why hire a Board Certified OUI Defense Specialist?
OUI Defense Board Certification is a guarantee from the American Bar Association and the National College for DUI Defense, Inc., that your OUI defense attorney has the highest level of education, knowledge and skills necessary to defend your OUI case.
Mr. Foote Is trained in field sobriety testing, drug recognition testing, Intoxilyzer breath test machines, laboratory blood testing and every other area of OUI defense. He has years of experience defending OUI cases. Board Certification is awarded only after this training and experience is tested and certified by the American Bar Association through the National College for DUI Defense, Inc.
For more information about Attorney Foote’s qualifications click here.
When should I contact a lawyer?
You should contact Mr. Foote as soon as possible after you are charged with OUI. You want to discuss the case with him while your memory is still fresh. You need to be planning your defense before the BMV and the courts take action. Early consultation allows you to minimize or avoid license suspension, jail, fines and many other problems associated with an OUI conviction or a BMV suspension.