Portland, ME OUI/DUI Lawyers

How do I Challenge an OUI charge in Portland, Maine?

Challenging an OUI charge in Portland starts with understanding what the State actually has to prove.

To secure a conviction, the prosecution must establish three elements beyond a reasonable doubt:

1. that you were operating a motor vehicle on a public way,
2. that you were either impaired by alcohol or another intoxicant,
3. had a BAC of 0.08% or higher at or around the time of operating.

That standard of proof is high, and our job is to make it as difficult as possible for the State to meet it.

Our Portland OUI defense attorneys examine every stage of your arrest, from the initial traffic stop through the testing procedures, looking for weaknesses in the prosecution’s case that can be used to suppress evidence, reduce charges, or pursue a dismissal entirely.

The Most Common OUI Defenses Used in Portland Cases

• Was the traffic stop lawful? Police must have reasonable suspicion to pull you over. If that standard was not met, any evidence gathered during the stop may be inadmissible in court.
• Was there probable cause for your arrest? An arrest requires more than a hunch. If the officer lacked sufficient probable cause at the time of your arrest, the case against you may be dismissed.
• Were your field sobriety tests administered correctly? Field sobriety tests are inherently subjective and can be affected by fatigue, anxiety, medical conditions, uneven pavement, poor lighting, and weather. Improper administration by the officer creates grounds for challenge.
• Was the breathalyzer properly maintained and calibrated? Maine requires breath testing devices to meet strict maintenance and calibration standards. A malfunctioning or improperly operated device can render the results inadmissible.
• Was the 20-minute observation period followed? Maine law requires an officer to observe the subject for 20 minutes before administering a breath test. Failure to follow that protocol can invalidate the result entirely.
• Was the blood test chain of custody maintained? Errors in the collection, storage, or laboratory analysis of a blood sample can render the results unreliable and open to challenge.
• Were you properly informed under Maine’s implied consent law? If officers failed to correctly advise you of your rights and the consequences of refusal, your license suspension or the charges themselves may be contestable.
• Is there an alternative explanation for the officer’s observations? Fatigue, illness, anxiety, or an underlying medical condition can produce symptoms that an officer interprets as impairment. Those explanations deserve to be heard in court.
• Does a BAC reading above 0.08% automatically mean conviction? No. A BAC reading at or above the legal limit does not prove impairment on its own. Other factors can rebut the inference, and we will present them.
• Was your right to counsel honored? If you were denied or delayed access to an attorney during the arrest process, evidence obtained as a result may be subject to suppression.
• Could a medical condition or prescription medication have affected the results? Certain medications and medical conditions can produce elevated BAC readings or physical symptoms that closely resemble impairment, and that distinction matters in court.