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Frequently Asked Questions about DUI (OUI) in Maine

Can I be stopped and arrested for OUI even if the vehicle was not moving?

Yes, a person can be stopped and arrested for operating a vehicle under the influence because an individual usually is attempting to operate a vehicle without moving the vehicle. The ability to convict a person in a stopped vehicle rests on the facts that a person had the ability to operate, move, or park the vehicle. Further, the courts find that behavior consistent with specific facts sufficient for a conviction of driving under the influence.

Do I have the right to talk to an attorney before I give a sample?

Yes, individuals have the right to talk to an attorney before giving a sample. However, courts may cite the lack of immediate response as a refusal. Also, officers do not have to tell individuals they have a right to talk to an attorney. Yet, the individual may request to talk to attorney and will be permitted to do so.

Do I have to give a blood or urine sample?

No, individuals do not have to give a blood or urine sample. However, the creation of implied consent laws allows officers to arrest individuals once they refuse to give a sample. Additionally, individuals can be convicted of operating under the influence with a refusal. The attorneys involved and the facts present may provide sufficient evidence without an actual sample. Thus, refusal will result in consequences.

Do I have to submit to a field sobriety test?

No, individuals do not have to submit to a field sobriety test. However, Maine allows officers to take individuals for blood testing after refusing a field sobriety test if an accident occurred. Additionally, officers can arrest individuals for refusal as well as possess sufficient evidence to convict individuals of driving under the influence without any test results.

When can an individual be arrested for OUI in Maine?

The State of Maine allows officers to arrest individuals for operating a vehicle under the influence without a warrant. Specifically, officer may arrest individuals for operating under the influence when the officer has probable cause. The officers must possess probable cause that a person was operating a vehicle under the influence of intoxicants. The initial existence of probable cause allows an individual to be arrested for operating under the influence at anytime the officer has probable cause. However, the individual must operate or attempting to operate a vehicle to be arrested for an operating under the influence offense.

An officer may arrest an individual without a warrant for operating a vehicle under the influence. Therefore, an individual violating a traffic law or erratic driving allows an officer to lawfully stop an individual. After an individual is stopped by an officer the individual may be tested for operating a vehicle under the influence. Specifically, an officer may possess probable cause that the individual was operating under the influence. Thus, an officer will perform a chemical test to identify whether or not the individual was operating a vehicle under the influence.

The process of chemical testing allows an officer to know whether or not the individual is under the influence. An initial breath test failure will usually justify an officer arresting an individual for operating a vehicle under the influence. However, the officer must administer multiple tests to certify that the results are accurate. Immediately after a test failure an officer may arrest the individual. However, the use of blood or urine test will require laboratory certification that the individual was operating the vehicle under the influence. After the officers receive confirmation that the individual was operating a vehicle under the influence the officer must arrest the individual. Additionally, any individual refusing to submit to a chemical test may be arrested by a police officer.

The State of Maine allows police officers to arrest individuals for operating a vehicle under the influence immediately after an individual possesses a blood alcohol level above the legal limit. Typically, officers must distribute multiple tests to positively identify an individual was operating a vehicle under the influence. Additionally, any individual refusing testing for operating a vehicle under the influence will be arrested by a police officer.


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