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Defenses to DUI (OUI) in Maine

The State of Maine allows officers to arrest individuals for operating a vehicle under the influence. Specifically, officers must possess probable cause to lawfully stop an individual as well as testing an individual for alcohol and/or drugs. Therefore, individuals try to defend against the offense by addressing the instruments used for collecting evidence. Specifically, individuals address the accuracy of the instruments. Also, the procedures by officers and officials are challenged to defend against an operating a vehicle under the influence offense. Thus, individuals defend against the offense through the actions of the officers, the measures used for collecting evidence, and the lack of probable cause.

Typically, operating a vehicle under the influence offense relies on the evidence collect and procedures by officers. Therefore, faulty equipment or lack of adhering to procedure is challenged to defend against the offense. Individuals claim that the instruments used to test breath, blood, or urine is faulty or working improperly. Thus, individuals defend against operating a vehicle under the influence by challenging the actions of the officers.

Officers are trained to follow specific procedures to maintain the evidence collected as well as the instruments used to collect the evidence. Officers are instructed to sign and date all evidence collected. Also, all evidence must be signed by to move forward in the chain of custody. The lack of procedure allows individuals to challenge the evidence on contamination or improper collection.

However, the State of Maine will typically uphold a operating a vehicle under the influence offense. The State of Maine requires the instruments used as well as the evidence collected to be accurate and sufficient. Maine requires the officers to follow procedure and guidelines to ensure that all of the evidence is accurate. Individuals are unable to refute a operating a vehicle under the influence offense, if the evidence as well as the instruments used is accurate.


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