Maine’s Premier DUI
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Maine DUI - the New Law

DUIs in Maine just got a makeover.

Instead of the old standard of having to relate the amount of alcohol in the breath to the amount of alcohol in the blood (that's what we really care about anyway… right?), the Maine Legislature pulled a fast one and changed the law. Now the law reads “grams of alcohol per 210 liters of breath. “Why you ask does this matter? Isn't this just a minor and silly distinction? That's a good question and probably one the Legislature answered with “yes, it doesn't really matter. “Nothing could be further from the truth.

Under the new “breath standard”, many of the legitimate, scientific defenses based on theories such as partition ratio, blood hematocrit levels, body fat and water distribution and many, many other valid, legitimate defenses have gone out the window. Therefore, the people who are .08%, .09%, .10%… the truly innocent are the real losers in this new change of law. They are the ones most affected because those former defenses that nearly guaranteed reasonable doubt can no longer be argued.

Now, with that being said, don't give up hope. When one door shuts, sometimes a window opens. Some of my fellow DWI attorneys and I have been conferencing on how we can work the new law to our clients' advantage. Let's just say these cases are just as defensible as before… maybe more so. Until next time, thanks for stopping by.

Attorney William T. Bly

DUI Defender

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