COMMON QUESTIONS

 

  • Do I have to preform Field Sobriety Test? You are not required to perform field sobriety test, however anything you say can be used.  If you decline to perform field sobriety test just say “no thank you”.
  • Do I have to submit to a breath test? Under Maine Law you are required to take a test to determine your BAC if there is probable cause to believe you operated a motor vehicle under the influence of intoxicants.  If you refuse a chemical test to determine your blood/breath alcohol content you will receive an administrative suspension by the Secretary of State of at least 275 days.  If you are convicted in court of OUI your court ordered suspension will be consecutive to the administrative suspension. Additionally, refusal to submit to a test will increase the mandatory minimum fine and jail time in court.
  • The Secretary of State notified me that my license is going be suspended. What should I do? You only have ten days to request an administrative hearing. You should contact my office immediately.
  • How much does an OUI cost? The cost of an OUI conviction, exclusive of attorney fees, is estimated to be $5,000. This includes increased insurance cost, fines/penalties, tow and impound fees, OUI treatment program,  and lost work time.
  • What are the penalties for a domestic violence conviction? The penalties for being convicted of a domestic violence crime are severe.  If convicted you lose your constitutional right to possess firearms and amunition.  Additionally, you will likely be required to complete a batterer’s intervention program (BIP).  BIP is usually a 48 week course which you are required to pay for. Your ability to obtain employment is hampered as well.
  • The court fined me $250 when I plead guilty to Operating After Suspension (OAS). Why is the Secretary of State suspending my license? Maine law requires the Secretary of State to suspend your license for a minimum of 60 days upon notice of conviction for OAS.
  • The police did not read me my Miranda Rights.  Will my case be dismissed? Probably not. You only need to be advised of your Miranda Rights when a law enforcement officer questions you and you are in custody. If the police question you and you are in custody then the statements you made cannot be used by the prosecution in their case-in-chief.

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