Explaining OUI Law 2: Miranda Rights and Implied Consent

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Fundamental rights such as those given by the Miranda Rights are among the most quoted laws and/or statutes in the United States today. While Implied Consent laws may not be as widely recognized, they are equally as important in any OUI case in Maine. Operating under the influence of alcohol/drugs is a serious offense, and is strictly punished every time, even for first offenses. Therefore, it is critical to understand your basic rights and what the prosecution is looking for in your case.

Miranda Rights

We have all heard the famous Miranda Rights quoted at least once, whether it was due to an arrest of our friend or family member, on television, in a movie, or even in song lyrics. However, few people realize just how important the information contained herein is for his/her individual case. For example, if you give up the right to remain silent, you cannot take it back later. You can request your attorney, but what you have already said can still be used in court against you.

Similarly, you do not have to be able to afford an attorney in order to request one during any phase of your arrest. If you cannot afford to retain the services of a professional OUI attorney, you may ask the court to appoint one for your case. This can make a huge difference, as few self-representation cases go favorably for the defendant.

Implied Consent

This law is very simple, but can be so hard to understand for some drivers. Maine's Implied Consent Law is one that most other states in our nation have adopted for state use, since it is such a helpful and self-explanatory law. In layman's terms, the law states that if you drive on a road in Maine, you agree that you will submit to BAC (blood alcohol concentration) testing if an officer has a reasonable belief that you are operating a vehicle under the influence of any kind of drug and/or alcohol.

Refusing to submit to this law can lead to increased or additional fines and penalties, in aspects such as monetary fines, driver's license suspension, mandatory jail time, and much more. Having an attorney to fight for these rights, and many others, is critical, but you need the services of someone who understands the Maine Implied Consent Law and how it applies to your OUI case.

Invoking Miranda does not absolve you of the obligation to submit to a chemical test that measures blood alcohol content under the Implied Consent laws.

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