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Mar 10, 2011

OUI Defined

Drunk driving laws vary greatly from state to state. In Maine, an OUI is roughly defined as someone who is operating a motor vehicle under the influence of alcohol, or someone who is operating a motor vehicle with a breath-alcohol content of 0.08 or more.

Now, that sounds like some legal “mumbo-jumbo”, but in reality, if you’ve been charged with OUI, in order for the state to prove your guilt beyond a reasonable doubt, they must show the following: First, they must show that you actually operated a motor vehicle as defined by the statute. Now, you do not have to be operating that vehicle on a public way, such as a street or a highway; rather, it could literally be in your own driveway. Second, they must show that your breath-alcohol at the time of driving was 0.08 or greater, or that your ability to safely operate a motor vehicle was compromised by alcohol such that, your mental or physical abilities were compromised to any degree by the alcohol you consumed.

Something else to keep in mind with Maine, is that Maine can charge you with operating under the influence of drugs, both illegal and prescription. The laws in Maine are complex. Getting the right attorney involved that can make the difference between guilty and not guilty. Not all cases are created equal and neither are the attorneys out there that defend these cases. I would welcome a phone call from you if you have any questions, or if you would like to sit down and set up a meeting to discuss your case with me. I look forward to hearing from you soon.

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