FAQs of Portland Maine Drunk Driving

Do I have to submit to a breath test?

Maine law requires all drivers to submit to a breath test if arrested for an OUI. If you fail to submit to a breath test, the penalties for refusal are severe and include jail time and lengthy suspensions.

Do the police have to read me my Miranda rights once they arrest me?

According to established United States Supreme Court case law, your Miranda rights only have to be read once you are in custody and the police decide to question you about the crime. There are many factors that go into determining if your constitutional rights have been violated and therefore, you should consult with an attorney.

Do I need really need to hire an attorney?

Yes. If you refused to submit to a breath test, had a high BAC or you have prior convictions for OUI in the past ten years, you’re looking at a lengthy suspensions in addition to a jail sentence. If this is a first offense OUI, you still face a minimum license suspension of 90 days as well as fines and a criminal record. The collateral consequences to your personal and professional life cannot be underestimated either. An OUI conviction can cost you a promotion, your job, stress on your family and feelings of shame and embarrassment associated with a criminal conviction.

Should I wait until after my arraignment to speak with an attorney?

No. In many instances, your arraignment date will be after your BMV suspension hearing. By the time you consult with an attorney, you may have already lost your license as a result of an administrative suspension. In addition, if video evidence of your arrest exists and you wait too long to contact an attorney, that evidence could be subsequently destroyed per departmental policy. Get an experienced OUI attorney involved immediately to ensure that evidence is preserved and your rights are protected.

I received a notice of license suspension from the Secretary of State. What should I do?

If you haven’t retained an attorney yet, do so immediately. You only have ten days to appeal the suspension of your license or you waive your right to a hearing. In addition, if you are an out of state driver and Maine suspends your right to operate a motor vehicle, your home state may honor the suspension and suspend your driver’s license.