subject: Advanced Dui Information [print this page] Statutes and laws regarding a driving under the influence of drugs and/or alcohol charge are very complex, and understanding them is the only way to understand how to deal with them. Even if you have a prior DUI conviction, the legal system is constantly amending, redefining, and adding new laws to applicable Maine law, and what was true during your last case may no longer apply to you. Unless you are a professional DUI attorney with case experience in the state of Maine, you will need help navigating the legal tidal wave and deciding your next course of action.
Terminology of DUI Cases
Many words and phrases have a serious effect on a DUI case, whether it is a first or fifth offense. Some of these include, but are not limited to the following:
Field sobriety test: Standardized (acceptable in court, provable via scientific methods) and non-standardized (opposite of standardized) sobriety tests commonly performed by police officers. Maine police officers may ask potential DUI offenders to do the walk and turn, count fingers, recite alphabet, count backward from a particular number, or something else.
Blood alcohol concentration: Commonly referred to as BAC in Maine. This can be one of the strongest forms of evidence in a DUI case. May be determined by breathalyzer test initially, administered by an officer trained to use the machine. Can also be determined using urine and/or blood tests. Most BAC tests are admissible in court.
Admissible evidence: The forms of evidence that a judge will allow the jury to see in a given case. Keep in mind that the average DUI-related case does not actually go before a jury, and the vast majority of these are settled via plea bargain or state minimum/maximum laws by a judge. Typical admissible evidence may include eyewitness testimony, chemical test results, officer's testimony, your own words, and more.
Plea bargain: Working hard to cooperate with the prosecution enough to reach a deal that is as beneficial and attractive as possible to everyone involved. Normally requires that the defendant plead guilty to the charges agreed upon, in exchange for a lighter sentence, reduced charges, dropped charges, and so on.
Prosecuting attorney: Your attorney is called a defense attorney, and the opposition is commonly referred to as the prosecutor, district attorney, DA, state's attorney, prosecution, or prosecuting attorney. This attorney represents the side that has the burden of proof in a DUI case. If they cannot satisfy this burden, the judge/jury cannot convict the defendant.
Burden of proof: A preponderance of evidence that proves without doubt that the defendant in question did/did not do something specific, such as drive under the influence of drugs/alcohol in this type of case. Since "preponderance" refers to the overwhelming bulk of the case, it can go a long way in establishing guilt or innocence in some cases where evidence is less forthcoming.
This information is provided solely for informational purposes and does not constitute legal advice.
