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Elements of DUI (OUI) in Maine

The State of Maine operating under the influence law requires an individual to operate or attempting to operate under the influence. Specifically, an individual under the influence occurs when an individual has an alcohol level of eight hundredths of one percent or more. Further, the State of Maine identifies prior offenders within a ten year period, refusing chemical testing, and individuals causing serious bodily harm. Individuals classified in any of the three categories receive enhanced penalties for operating a vehicle under the influence. The State of Maine classifies individuals under the influence who operate a vehicle instead of drive a vehicle to incorporate any use of a vehicle. However, most states include operating within their driving under the influence offenses.

Any individual arrested for operating a vehicle under the influence must operate a vehicle as well as be under the influence. The State of Maine classifies operating as actual operation or attempting to operate. The absence of operating a vehicle or actual operation will eliminate an operating under the influence offense. Additionally, an individual arrested for operating a vehicle under the influence must be under the influence. The State of Maine defines under the influence as the influence of alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs.

The State of Maine arrests individuals for operating a vehicle under the influence when an officer has a probable cause that a crime has occurred. The officer must identify a reason for him or her to possess a probable cause that a crime has occurred or that the individual was operating a vehicle under the influence. The absence of a probable cause will not allow an officer to arrest and individual for operating a vehicle under the influence.

An officer must test an individual for operating a vehicle through the use of chemical material such as breath, blood, or urine. The use of breath can usually be completed by an officer. However, the use of blood or urine will require laboratory testing to confirm that an individual is operating a vehicle under the influence. The absence of confirmation that an individual possesses a blood alcohol concentration above the legal limit prohibits an officer from placing the individual in custody. Any incorrect actions by the officer or other officials eliminate an element of proving an individual actually drove until the influence.

Therefore, an individual arrested for operating a vehicle under the influence requires an individual to operate or attempting to operate a vehicle. Additionally, an individual operating a vehicle must also be under the influence. Further, an officer must possess a probable cause that a person was committing a crime. Finally, the absence of following any procedure may eliminate an operating under the influence offense.


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