Legal Question in DUI Law in Maine

Son Apprehended for DUI

My son was arrested for DUI with a .09 alcohol level. It is his first offense of any sort. He was released on his own, His car was impounded but he got it back. He claimed they did not read him his rights but he knew them and cooperated. He plans to plead guilty. Will he be required to participate in rehab programs or go to jail. He will be paying his fines and costs, should he have a lawyer?


Asked on 10/16/07, 12:29 am

1 Answer from Attorneys

David Marchese Drummond & Drummond, LLP

Re: Son Apprehended for DUI

Sorry about your son's experience. There are a few aspects of the case that you mention which make me think that your son should not plead guilty to drunk driving. There is an administrative process through the Bureau of Motor Vehicles...that process involves a notice of suspension and opportunity for a hearing. You need to request a hearing in a timely manner, as stated on the notice. It is an opportunity to learn more about the case in advance of the Court's criminal prosecution. If he has his license suspended by the BMV or the Court for drunk driving, he will have to do the Driver Education and Evaluation Program (DEEP)that is run by the BMV. If he did not have any aggravating circumstances, he will not go to jail, even with a conviction. I recommend that he obtain a lawyer, as it could save on future insurance costs, as well as (hopefully) giving him a chance to avoid a conviction or suspension. Thank you for your inquiry.

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Answered on 10/16/07, 9:56 am


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