Fighting Your Maine OUI
Experienced Attorneys Serving Portland, Saco, Bangor, Biddeford and Augusta
A DUI conviction can have serious consequences, even if it is a first time offense. DUI sentences can include jail time, probation, steep fines, DUI driving school, community service and more. The negative consequences of a DUI conviction can have long term effects on your life. A DUI conviction goes onto your criminal record and can cost you your job or educational opportunities. This is especially true if you have a commercial license or are convicted for a Class C or B OUI.
Maine DUI Defense Options
The good news about DUI charges is that there are defense possibilities for every type of charge. In some cases, fighting the charges is the best course of action. In other cases, an experienced OUI attorney may work to get your charges reduced or get a plea bargain. Then there are always the cases that should be taken to trial. Whatever your OUI situation, our firm can help you.
Some of the ways that we work to defense clients includes:
BMV Hearing: After any type of DUI arrest, the Bureau of Motor Vehicles (BMV) opens a separate case against you to suspend your driver's license. You can, however, fight this suspension by requesting a hearing. You only have ten days following your BMV suspension date to request a hearing, so you will need to act fast. It is important to note that the results of this hearing will not affect your criminal case.
Challenging DUI Evidence: Our professional legal team knows what defenses work for clients and how to establish doubt. When you are charged with a crime, you are considered innocent until proven guilty. In order for a jury to convict you, they must believe you are guilty ‘beyond a reasonable doubt'. A DUI attorney's job is to establish that doubt. When you are arrested for a DUI, most often the strongest evidence the prosecution has against you is the sobriety test results. If you can establish doubt about their validity, then the prosecution's case becomes very weak. All of these tests can be put into question because errors can occur for various reasons.
Examining the OUI Process: There are many steps in a DUI case. If at some point in the process your rights were violated or the police made a mistake, your attorney may be able to use that error to your advantage. Examples of this include if there is evidence that you were discriminated against or were not properly informed of your rights when you were stopped by police and arrested.
Unlawful Stops: In order to be arrested with DUI, you must first be stopped by police. It is important to remember that Maine police can only stop your vehicle for a valid reason. Suspicion of DUI is not a valid reason. You must have made a driving error like speeding or going through a red light in order to be pulled over. Police can also stop you at a roadside checkpoint, but even these must follow certain protocol. Police cannot simply decide to start stopping cars as they leave a bar at night. Furthermore, police must have probable cause for suspecting that you are under the influence.
Reducing the Charges: In some situations, an OUI attorney can work to get your charges reduced to a less serious offense like reckless driving. If the prosecutor can be convicted that the evidence is weak, they may be persuaded into reducing your charges. Cases where there are no sobriety test results or your BAC was only slightly over the legal limit are most likely to get a reduction.
Plea Bargain: A plea bargain is a deal that a prosecutor may offer instead of going to trial. The terms are usually having you plead guilty to a charge in exchange for a favorable sentence. This is beneficial because it lets you avoid trial and you will know what your sentence is before you agree to anything. There is no obligation to accept a plea deal if you are offered one.
DUI Expungement: In the event that you are convicted of a DUI crime, it will go on your criminal record and remain there for life. A conviction will show up any time a background check is performed on you. In Maine, it is possible to get a conviction hidden on your record. Though the charge cannot be fully removed, it can be sealed so it is not visible during background checks. This process is called expungement and it can be difficult to achieve.
Maine OUI Defense Attorney
If you have been charged with an OUI in Maine,our attorneys can help you fight the charges. We have the experience and the knowledge to defend you. We have offices in several locations including Biddeford, Maine and our legal team will be glad to go over your case with you and build a defense strategy. Call us now to get started.