What is the definition of a DUI in the state of Maine? You are driving under the influence if:
1. your blood alcohol content is a .08% or greater
2. your mental or physical faculties are affected to any degree by alcohol or drugs.
So, how does that translate to your case? Well, an officer can arrest you if he has probable cause to believe you are operating under the influence. He doesn't have to have an actual breath test to arrest you, rather, as long as he can point to reasonable and articulable issues that suggest impairment, you can be arrested for DUI. For example, if you are speeding, swerving, riding the yellow line or drifting, the officer has a reasonable suspicion to believe you are operating under the influence. Once the officer stops your car, if you admit to drinking, have blood shot glassy eyes, slurred speech, difficulty with fine motor skills, exhibit mental confusion or any other number of impairment indicators are present, he has probable cause to arrest you for suspicion of DUI.
Now, an issue that comes up frequently is “could my BAC have been below the legal limit at the time of driving?” The answer is yes. You can fail the breath test by blowing over the legal limit yet at the time of driving, have been under the legal limit due to a rising blood alcohol level. That is why it is so important to contact a skilled DUI attorney immed