Q: OUI/dui help~
If you weren't drunk before a accident, but crash into a tree and drink alcohol after while waiting for police and a tow truck is it still a OUI even if u crash because u where texting and driving but you where sober at the time. no cop pulled you over and u where on the side of the road for over 20 mins. they did a breathalyzer and your barley over the .08 but you didn't drink until after you crash and realized it'd be a long night and that the car was undrivable. is there a defense for this? they want a 700 fine and lose of license 150 days but i don't believe i should plead out if im not guilty.. its a class D which normally can carry jail time. i was denied a lawyer because there offer said no risk of jail time in there plea offer . if i continue to trial and have to represent my self and lose can a jail time sentence be imposed if im found guilty and didn't take there plea deal.? this is for state of Maine-
A: This is a great question. The answer is no. For a DUI conviction, the person must be under the influence of alcohol at the time of driving. Many people get into an accident while sober, drive or walk home, and then consume alcohol. These people will likely be charged with DUI based on the suspicious circumstances but they are technically not guilty. Hire a good DUI defense attorney to raise this defense for you.
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