New York, NY asked in DUI / DWI for Maine

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-

Related Topics:
1 Lawyer Answer
David A. Simon
David A. Simon
  • DUI & DWI Lawyer
  • San Diego, CA

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.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.