Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here DUI Penalties In Maine »
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- DUI drivers are required to concede breath, blood, or urine test for blood alcohol content if caught by police is called “implied consent laws”. Refusal carries penalties, which includes mandatory suspension of a driving license for up to a year.
Blood Alcohol Concentration (BAC)
If any driver in Maine will be having blood alcohol concentration above than 0.08 percent then he/she will measured as “per se intoxicated” under this law. According to this law that is all which is needed for a driver to be convicted for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
Zero Tolerance Blood Alcohol Concentration
All states “zero tolerance laws” mainly focus on the drivers not of legal drinking age. Drivers under the age of 21 if will be operating any motor vehicle with blood alcohol level 0.02 percent or above will be subject to DUI penalties in Maine.
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Why the Breathalyzers don’t Work Properly »
Here I am giving just one of many examples explaining why the breathalyzers do not work properly. The computers that are inside Breathalyzers what actually do is that they just multiply the amount of alcohol in a DUI suspect’s breath sample 2100 times in order to get the blood alcohol concentration ("BAC").
It happens because they are programmed in such a way that they assume that the suspect has 2100 units of alcohol in his blood for every single unit of alcohol in his breath. This is what we call the "partition ratio". But this ratio is only an average: actual ratios shows variation from as low as 900:1 to as high as 3500:1; if individual ratio is different, then surely the BAC result will be different.
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FAQs About Drunk Driving »
Here I have tried to give the answers to some frequently asked questions about drunk driving. After reading that you might understand few aspects of drunk driving.
How High the drunk level should someone possess before he can be convicted of driving under the influence?
To drive a car while a person is “impaired” by the effects of alcohol or drugs also including prescription drugs is considered to be illegal. What it means is that there must be enough alcohol or drugs in the body of driver which would have been preventing him from thinking clearly or driving safely.
This level is reached by many people well before they’d be considered “drunk” or “stoned.” In all states, a person is considered to be guilty of a DUI (driving under the influence) or DWI (driving while intoxicated) who has a blood alcohol content (BAC) level of .08% or above.
In spite of all the facts, in almost all states drivers under the age of 21 are considered to be driving under the influence of alcohol if they are having their BAC at or greater than .01% or .02%, depending on the state.
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Plea Bargaining (Part-2): When is a DUI a Felony? »
BAC at or above .08%
(b) It is considered as a crime to drive a vehicle with.08% blood alcohol content (BAC) and at the same time any act forbidden by law is also done by him, or if he neglect any duty imposed on him by law in driving the vehicle which was the main cause due to which a person other than him is badly injured, then the DUI is considered a felony. However, the traffic collision must have happened due to his mistake.
In case if the driver is under the influence of alcohol or drugs or both, but it was not his fault for which the traffic collision takes place, then the driver shall be charged with violation of VC 23152 (b), which is a misdemeanor.
It has been determined by the courts that if the driver undergoes a chemical test which reflects a BAC of .08% or greater within 3 hours of driving, then it will be believed on the basis of that test that the driver had a BAC of .08% or greater at the time of driving. Click here to read more »
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