Lawyers, Answer Questions  & Get Points Log In
Maine DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Maine on
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... View More

David A. Simon
PREMIUM
David A. Simon
answered on May 24, 2023

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... View More

1 Answer | Asked in DUI / DWI and Constitutional Law for Maine on
Q: Does a state have the right to take your blood in an alcohol related driving offense?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

The legality of blood tests in alcohol-related driving offenses varies by state in the United States. In some states, there are implied consent laws that require drivers to submit to a blood test if they are suspected of driving under the influence. In other states, a warrant is required to compel... View More

2 Answers | Asked in Constitutional Law and DUI / DWI for Maine on
Q: Do States ( Maine) have a constitutional right to take blood from a persons in order to prove driving under the influenc

Seams like a violation of the persons body

John Michael Frick
John Michael Frick
answered on Mar 6, 2023

With a warrant, they can.

Implied consent laws are also constitutional. For example, by law a state can make cooperating with a blood alcohol test a condition of the privilege of driving, but the penalty for a subsequent refusal is limited to the loss of the privilege....
View More

View More Answers

2 Answers | Asked in Constitutional Law and DUI / DWI for Maine on
Q: Do States ( Maine) have a constitutional right to take blood from a persons in order to prove driving under the influenc

Seams like a violation of the persons body

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

The U.S. Supreme Court has ruled that the warrantless taking of blood for alcohol testing is permissible in certain circumstances, such as where exigent circumstances exist, such as when a delay in obtaining a warrant would result in the destruction of evidence (i.e. the dissipation of alcohol in... View More

View More Answers

1 Answer | Asked in DUI / DWI for Maine on
Q: I was subpoenaed to testify over a year ago, court was cancelled due to covid. Now it's on docket for next week

And I havent been subpoenaed again, but lawyer called and said I had to go.

Fred Bopp III
Fred Bopp III
answered on Jun 18, 2021

As a general rule, since you have already been subpoenaed, the subpoena would apply to a rescheduled court date. You could always call the Clerk of Court and ask them the same question.

1 Answer | Asked in DUI / DWI for Maine on
Q: I have two pending misdemeanors in Wyoming from 2014. DWI where I blew a .075 and a speeding ticket, how do I proceed?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2021

Hire a competent attorney in WY to represent you. He will obtain the charging instruments and look for an upcoming hearing date where other crimes are on the Docket. You are basically turning yourself in, while your attorney arranges the best plea he can get for you, which is hopefully that day... View More

2 Answers | Asked in Criminal Law and DUI / DWI for Maine on
Q: I'm looking for a lawyer to appear in court for me tomorrow at 830 in machias maine for an oui. Any suggestions?
William T. Bly
William T. Bly
answered on Feb 3, 2020

Asking someone to appear for you and looking for suggestions sounds like you're shooting in the dark. And this is a last minute "ask". My suggestion is that you make serious inquiries about retaining the best attorney that you can, and if that person can appear for you, that's... View More

View More Answers

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.