How to Defend an OUI Case in Maine.

Being charged with an OUI-DUI-DWI does not mean you are guilty. It is the State’s burden to prove guilt beyond a reasonable doubt. There are several potential ways to defend against an OUI charge in Maine.

OPERATION

The first thing to look for in any OUI charge is whether the State can prove operation. The State must prove the accused was driving, or attempting to drive, the vehicle at the time of impairment. If the State cannot prove operation then a person cannot be convicted of OUI.

The State must also establish law enforcement had a reasonable suspicion to stop the vehicle. A vehicle stop is only justified, under the Fourth Amendment, if law enforcement had a reasonable suspicion a traffic violation or criminal offense has been committed. If law enforcement lacks a reasonable suspicion to stop a driver, the Court can suppress the stop resulting in a dismissal of the charge.

IMPAIRMENT

The State must prove the accused was driving while under the influence. If a driver is not under the influence at the time of driving—or it cannot be proven beyond a reasonable doubt—then the driver is not guilty of OUI in Maine. Lack of impairment can be shown through performance on field sobriety testing, the way the driver talks, walks and behaves, and other indicators showing a lack of impairment.

As a threshold matter, the State must also show there was reasonable suspicion to have a driver perform field sobriety testing, and that law enforcement had probable cause to arrest a driver. If either of these are lacking, the Court may grant a motion to suppress that can result in evidence (such as the breath test being excluded), or a dismissal of the case.

THE CHEMICAL TEST

The reliability of a breath test or blood test results can be challenged in Court. Testing must be done according to certain established procedures to assure the accuracy of the test result. The instruments used for testing must also be maintained according to certain standards to assure the reliability of a test result.

Even a reliable test result does not establish a driver’s alcohol level at the time of driver, but rather at the time of testing, which is often several minutes or even hours after driving. The State must prove a BAC of 0.08 or higher at the time of operation. A person’s BAC can rise over time and a chemical test result does not always prove impairment at the time of operation.