OUI Defenses

Your Maine OUI attorney may prepare a variety of different defenses in your case, or may combine several valid defenses in order to get the most favorable outcome possible. Although there are many, many others, here are a few examples of defenses that may be used in an OUI, operating under the influence, case. Keep in mind that your attorney may choose to use one, or more, or may use something entirely different, based on your unique case circumstances.

Did the officer have probable cause to stop the vehicle?

Probable cause is one of the biggest factors in an arrest in the United States. Without it, there was no reason to stop the vehicle, and therefore no way that the officer could have known to arrest you. This is a very common defense, because it gets to the bottom of why you were even pulled over, and questions the validity of the arrest at the beginning. If the arrest was not legal, then the charges are often dismissed since all evidence coming after the false arrest will likely be suppressed.

For example, if Bob is pulled over for driving erratically, then the officer had probable cause. On the other hand, if Jane is pulled over because the officer has a suspicion that she is operating under the influence, with no evidence beforehand, then the arrest may not be valid. Suspicion alone will not suffice as probable cause.

Did the officer complete sobriety testing adequately?

There are many ways to question how the tests were administered, what the results were, whether the breathalyzer machine was up-to-date, if the officer is trained properly on the machine, if the machine is calibrated correctly, and so on. In addition, there are many ways to challenge the results as well, such as your medical history. Your attorney will understand how to deal with this issue in your individual case.

Are breath tests the standard for measuring BAC?

Blood alcohol content can be measured by a breathalyzer test, and most officers use this as a preliminary means of measuring BAC. However, a blood test is the most reliable form of testing. In addition, your BAC continues to rise for several hours after you have finished drinking, so what the officer sees at the time of arrest may not be the pinnacle of how affected you are. Because breathalyzer tests are still fairly unreliable, the results may be challenged in a variety of ways.

Were you mirandized before you were questioned?

The United States has strict laws regarding citizens' rights, based on many different applicable state and/or federal laws, guidelines, statutes, and fundamental rules. Some of the most popular are the famous Miranda rights. In order to question you officially, you have to have been read your Miranda rights first. If you were not, then anything that you say is off the record, including any evidence found based on what you have said.

This information is provided solely for informational purposes and does not constitute legal advice.

William Bly of The Law Office of William T. Bly is an Biddeford Maine OUI lawyer and offers additional info about OUI related issues, such as ignition interlock and license suspensions, on the firm's Maine location website.