Do Your Want a Criminal Record? Better Fight That OUI / DWI / DUI Charge.
Drinking and drugging while driving in Maine carries serious legal consequences. If you are charged with OUI, DWI or DUI, you could face jail time, stiff fines, a suspended license, forfeiture of your vehicle and a criminal record. If convicted, your insurance company may increase your rates to an unmanageable level.

Never Plead Guilty Before Talking To Us.
You should never plead guilty or admit to an OUI / DWI / DUI offense without consulting with an attorney to discuss the facts of the case. Here are a few reasons why:

OUI / DWI / DUI

• Blood/Breath Alcohol Content Calculator
• Do You Want a Criminal Record ? 
• Never Please Guilty Before Talking to Us
• If You've Been Arrested for OUI...
• About Testing
• Important Facts to Consider in Your Defense
• FAQs

FAQs

How can I calculate my Blood Alcohol Content (BAC)?
For a rough estimate of BAC by weight and number of drinks, see our Blood Alcohol Content Chart.

Am I obligated to take the field sobriety tests?
No. Field sobriety tests must be done voluntarily; the officer is not allowed to force you to take them.

Do I get to choose which tests I take?
No. In most cases the officer is allowed to require a breath test unless it is deemed "unreasonable."

Is the police officer required to give me Miranda warnings?
Not necessarily. The officer is only required to give you Miranda warnings when you are taken into custody, and/or if you are being interrogated.

Am I entitled to consult with an attorney before submitting to chemical testing?
No, although some officers (very few) will give you a chance to call an attorney.

What penalties am I facing if convicted? Penalties vary greatly, depending on the offense of which you are convicted. (See our Penalties Chart.)

Why do I need a lawyer?
As the accused, it is your constitutional right to have counsel. Innocent people do get accused of crimes, and you are always better off discussing the accusations with an attorney who knows the field and can help you formulate a strategy for your response to the charge. In addition, because anything you say will be used against you, the use of an attorney to communicate with the authorities minimizes the possibility of an incriminating statement coming into evidence. Our office is experienced in attacking breathalyzer test results and operator certification, and in conducting legal analysis of OUI / DWI / DUI arrests to keep as much evidence as possible out of court. We also have a number of strategies to minimize the impact of a guilty finding should the case go that far.

How much does a lawyer cost?
It depends on the circumstances of the case. Usually a flat fee plus court costs is the desired method of reimbursement. If you are concerned about your ability to pay for your defense, Smith Law Offices is willing to work with you to develop alternative payment arrangements. While we do not normally accept payment arrangements, we do offer the ability to accept credit cards and, under some circumstances, are willing to take small valuables or mortgages as security for our fees. For those individuals only wanting a simple consultation, we charge a flat fee of $150.

• Drinking and driving laws are complex and defendant unfriendly, making it difficult to understand all of your rights, potential penalties and possible defenses relative to your case.
• Because of the embarrassment associated with the charge, defendants often take deals to make the matter “go away” but these “deals” can come back to haunt them later.
• Because OUI / DWI / DUI can cause serious injuries and even death, law enforcement tends to be particularly zealous in arresting suspected offenders, which can result in someone being wrongly accused of drinking / drugging while driving.

Smith Law Offices is a qualified, experienced law firm that can bring its expertise to bear on your case to ensure your rights are protected and your case is handled fairly. The last thing you want is to carry a criminal record for the rest of your life. Contact us today.

If You've Been Arrested for OUI

1. Document the details. As soon as possible after your arrest, you should make a detailed list of all the circumstances of your arrest and the events leading up to that arrest including:

• Witnesses - Names, addresses, phone numbers (before, during & after arrest).
• Receipts - Document food and beverages consumed.
• Chronology - List all of the events of the whole day.
• Driving pattern - Direction for route traveled prior to arrest.
• Motor vehicle issues - Defects or problems with your motor vehicle.
• Medical issues – Condition(s) that might have affected you on date of arrest.
• Photographs - Pictures of any relevant items.

2. Only speak with your lawyer about your OUI case. Statements made to your lawyer are privileged and cannot be used against you in court. However, discussions with others, such as police officers, prosecutors, assistant district attorneys, court personnel and friends all can potentially be used against you in your case. Remember to avoid loose conversation about your case with anyone except your lawyer.

3. Do not operate any vehicle while your license is suspended. If you are arrested for OUI, you will lose your license immediately. Operating a vehicle after your license has been suspended pursuant to an OUI suspension can result in an additional minimum penalty of $600, 7 days in jail, and a one-year license suspension. Not only do you want to avoid additional penalties, but you also want to avoid the perception that you don’t respect the law.

What You Should Know About Testing

Blood Alcohol Content (BAC) Tests. These are chemical tests that measure the amount of alcohol or drugs in your system through a breath (alcohol only), urine or blood test. You can be arrested for drinking and driving if your BAC is found to be .08% or higher.

If an officer has reason to believe you are operating a motor vehicle under the influence of alcohol or drugs, you have a duty to submit to chemical testing. You have no right to choose the type of chemical test administered to you.

Failure to take a BAC chemical test will result in immediate suspension of your license for at least 275 days. Additionally, your refusal may be used as evidence against you in trial and, if you are convicted, you will serve jail time.

Field Sobriety Tests. These include reciting the alphabet, walking heel to toe, eye tracking, touching the tips of one’s nose, and standing on one foot. You may refuse field sobriety tests without penalty.

Important Facts to Consider in Your Defense

• You do not have to be “drunk” to be convicted of OUI. The State need only prove that you were affected due to the use of intoxicants OR that your blood alcohol level was .08% or greater.
• Police may only stop motor vehicles for traffic violations, legitimate safety concerns, or suspected criminal activity (including OUI). If these conditions were not present before your OUI arrest, the stop may be improper or illegal.
• Medical professionals have the obligation to report OUI accidents. The physician-patient privilege does not extend in reporting OUI accidents

For specifics on Maine's OUI Laws, see:
Maine's OUI Laws Explained: http://www.state.me.us/dps/Bhs/moui.htm

Smith Law Offices has offices in Bangor and Portland Maine.  Our lawyers represent people charged with drunk or drug driving offenses who live in Bangor, Brewer, Ellsworth, Castine, Orono and all other towns and cities in the Maine counties of Penobscot, Cumberland, Hancock, Penobscot, Piscataquis, Aroostook, and Washington.